Memo - Wireless Tower and Antenna Zoning Ordinance
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. MEMO
To:
City Council
From:
Nancy Anderson
April 16, 2003
Date:
Subject:
Tower and antenna zoning ordinance
I. INTRODUCTION.
There currently is a six-month moratorium on the construction of towers and antennas
within the City. Staff was instructed to review the existing ordinance and make
amendments if required. The staff obtained several model ordinances for examples and
modified them to fit the City's needs.
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The attached ordinance allows the towers and antennas in the same zoning districts as
currently allowed, with the exception of not allowing antennas in R-1 districts. The
proposed ordinance has more regulations for towers and antennas than the existing
ordinance.
A summary of where towers and antennas are permitted is as follows:
. Towers allowed only in Industrial districts.
. Antennas allowed in Business, Business Park, Industrial, Institutional, and R-2
through R-6 districts on existing structures.
II. ORDINANCE SUMMARY.
A summary of the ordinance is as follows:
Towers. Industrial Districts:
· Towers are allowed as a single use on the property. or combined with another
use.
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. 75 feet is the maximum height
· Equipment shelters are regulated and required to be underground if physically
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feasible.
. Conditional Use Permit required
Antennas -' Business, Institutional, Business Park, and Industrial districts
. Maximum height 20 feet above existing structure.
. Allowed on public facilities
. Screening and size requirements for the equipment shelter
1. The minimum setback requirements for the subject zoning district.
2. A buffer yard may be planted in accordance with Section 560.02b.
3. Vehicular access to the shelter shall not interfere with the parking or
vehicular circulation on the site for the principal use.
4. The maximum size of the equipment shelter shall not exceed 200 square
feet, or, if there is more than one, 400 square feet.
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5. Up to four providers may be allowed on an existing building or structure.
6. Maximum height 10 feet.
7. Equipment shelters shall be placed underground if physically feasible.
Antennas - R-2 through R-6 districts
Combined with a nonresidential use.
. Maximum height 20 feet above existing building.
. Regulates equipment shelter
1. The shelter shall comply with the minimum setback requirements for the
subject zoning district.
2. The maximum size of the equipment shelter shall not exceed 200 square
feet, or if there is more than one, 400 total square feet.
3. A buffer yard shall be planted in accordance with Section 560.02b.
4. Vehicular access to the shelter shall not interfere with the parking or
vehicular circulation on the site for the principal.
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5. The wireless telecommunications facility shall be fully automated and
unattended on a daily basis, and shall be visited only for periodic and
necessary maintenance.
6. Maximum height 10 feet.
7. Equipment shelters shall be placed underground if physically feasible.
Antennas located on residential buildings
. Maximum height 20 feet above existing building
. Regulates equipment shelter
1. The shelter shall comply with the minimum setback requirements for the
subject zoning district.
2. The maximum size of the equipment shelter shall not exceed 200 square
feet, or if there is more than one, 400 total square feet.
3. A buffer yard shall be planted in accordance with Section 560.02b.
4. Vehicular access to the shelter shall, if all possible, use the existing
circulation system.
5. The wireless telecommunications facility shall be fully automated and
unattended on a daily basis, and shall be visited only for periodic and
necessary maintenance.
6. Up to four providers may be allowed on an existing building.
7. Equipment shelter shall be placed underground if physically feasible.
At the work session, the City Council asked that definitions of mid-rise and high-rise
apartments is added and a total height for an antenna on a pole. Both of these items
have been added.
Jerry Steiner has reviewed the ordinance and has made the appropriate changes.
III. MAPS
At the last work session, The City Council asked for maps to show examples of where
towers and antennas could go. Attached are three maps. Two indicate where a tower
could be placed on two industrial sites and a third indicates where .antennas can be
placed on residential buildings.
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IV. NOTIFICATION.
The existing tower and antenna users were notified and given a copy of the proposed
ordinance. If the ordinance is acceptable to the City Council, a public hearing is'
scheduled for the April Zoning and Planning meeting.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-902
AN ORDINANCE REGULATING TELECOMMUNICATIONS
TOWERS, ANTENNAS AND RELATED FACILITIES
WITHIN THE CITY OF HOPKINS
The City Council of the City of Hopkins makes the following findings:
1. The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 ("the Act") governs the construction, placement, and
modification of personal wireless service facilities. Consistent with the Act, the general
purpose of this section is to manage the placement, construction, and modification of
telecommunication towers, antennas and related 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.
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2. In furtherance of the goals of the city, and within the framework of the Act
and state law, the city will give due consideration to the city's comprehensive plan, zoning
districts, existing land uses, and environmentally sensitive areas in approving sites for the
location of towers and antennas. Specifically, the purposes ofthis section are:
a. to manage the location of telecommunication towers and facilities;
b. to protect, residential areas and land uses from potential adverse impacts of
telecommunication towers and facilities;
c. to minimize adverse visual impacts of telecommunication towers and facilities
through design, siting, landscaping, and innovative camouflaging techniques;
d. to promote and encourage shared use and collocation of telecommunication
towers and antenna support structures and the utilization of advanced technology
when it becomes available;
e. to avoid damage to adjacent properties caused by telecommunication towers
and facilities by ensuring that those structures are soundly and carefully designed,
constructed, modified, maintained and promptly removed when no longer used or
when determined to be structurally unsound;
.
f. to ensure that telecommunication towers and facilities are compatible with
surrounding hind uses; and
Hopcivil\Ordinance.towers 1
g. to facilitate the prOVISIon of wireless telecommunications services to the
residents and businesses ofthe city in an orderly fashion.
3. Adoption ofthis Ordinance will serve the purposes stated above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS,
MINNESOTA, DOES HEREBY ORDAIN:
Section 1. The Ordinance Code of the City of Hopkins is hereby amended by repealing
Subsections 560.02 and 560.03 and enacting the following new Sections 560.02 through
560.14:
560.02. Transmission To',ver Commeroial. Commeroial transmission tov/ers shall be
permitted with a conditional use permit in the industrial districts subject to the following
conditions:
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a) commercial transmission towers shall be in compliance with all
oity building and electrical code requirements;
b) yerification that the structural design has been approved by a
professional engineer;
c) verifieation that the mounting system and installation have been
approved by a'professional engineer;
d) submission ofv.Titten authorization from the property owner;
e) no ad','ertising message shall be on the tower structure;
t) shall complyv,'ith setback requirements for principal struotures and
in no eyent shall be located between the principal structure and the front
lot line;
g) transmission tov/ers that are not self supporting shall be supported
by objects within the property lines but not in ~y front yard areas;
h) the base of transmission towers, including guy wires, supporting
and acoessory structures shall be screened to thc greatest extent practicable
to minimize visual impacts on surrounding properties. Screening shall
include landscape materials or arohitectural features that harmonize with
the clements and charaoteristios of the property for ground mounted
towers and materials compatible with those utilized on the exterior of the
building for roof mounted antellilas;
i) tov/ers located closer to a property line than the height of the tov/er
shall be designed and engineered to oollapse progressiyely within the
distance between the tower and the property line except if there is a use
that the City Council indicates vlill not be affected by a tower collapse;
(i.e. railroad right of VIal', lake, oreek, unbuildable land);
Hopcivi1\Ordinance.towers 2
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j) tower shall be in compliance with all applicable federal
oommunications oommission (FCC) requirements;
Ie) to'.yers shall bo in compliance with all applicable federal a'v'iation
administration (FA}..) requirements;
1) toy/ers shall require security fencing of 10 foet in height around the
base;
m) towers shall not be artificially lighted unless required by the F A_A
or state aeronautics division;
n) at least two off street parking spaces and one additional spaoe for
eaoh t\'/o on site personnel 'llill be provided;
0) all transmission towers shall be built to structurally aocommodate
the maximum number of foreseeable uses technically practicable;
p) no conditional use permit will be granted for a transmission tower
until the existing transmission tower is fully utilized;
q) that one commercial transmission tower is allowed per site;
r) that tho maximum height of a commeroial transmission tower is 75
feet. (~\mended Drd. No. 91 672)
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560.03. i\ntennas. i\.ntennas used for a commeroial use may bo attached to
existing structures in residential, business and industrial districts providing no antenna is
20 foet abo'v'e the existing structure. Four providers may be alloYv'ed on an existing
structure. COrd. 91 672) V..m.ended ard. 2000 811)
Subd.5l5.00. Definitions. The definitions stated in Section 515 of this Code are
applicable to Subsections 560.02 - 560.15. In addition, when used in Subsections 560.02 -
560.15, the following words and phrases have the meaning stated below unless the context
clearly indicates a different meaning:
Subd. 33. Co-location. The use of a wireless communications f~cility by more than
one wireless telecommunications provider.
Subd. 64. Equipment shelter or cabinet/ground equipment. An enclosed structure
at the base of or near a tower or antennae within which are housed. among other things,
batteries, wireless communications facilities or electrical equipment which may be
connected to the antenna or tower by cable.
Subd.83. High-rise apartment. A multi-dwelling building with four or more floors
in height.
Hopcivi1\Ordinance. towers 3
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Subd. 112. Mid-rise apartment. A multi-dwelling building with three or more
floors in height.
Subd. 163. Stealth design. A wireless communication facility that is designed to be
screened or to blend in with its surroundings and appropriately models or mimics the size,
shape and color of something in the immediately surrounding area which could be legally
placed there at the time the application is submitted. Examples of stealth design include
architecturally screened roof-mounted antennas, facilities integrated into architectural
elements, and facilities designed to blend with or be integrated into light poles, utility poles,
trees, steeples, or flag poles.
Subd. 172. Telecommunications tower or "tower". A self-supported lattice, guyed
or monopole structure constructed from grade that supports wireless communication
facilities.
Subd., 190. Wireless communication facility. A facility for the provision of
wireless communications services, as defined by the Telecommunications Act of 1996,
including all hardware that provides wireless communication services including antennas,
towers and all associated equipment.
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Subd. 191. Wireless telecommunications antenna or antenna. A physical device
attached to and supported by a building or structure other than a tower through which
electromagnetic, wireless telecommunications signals authorized by the Federal
Communications Commission are transmitted or received. Antennas used by amateur radio
operators are excluded from this definition.
Other definitions listed in Section 515, are'to be renumbered accordingly.
(NOTE: DISCUSS POSSIBLE INSERTION OF SECTION
ORDINANCE FROM JIM STROMMEN)
.05 OF MODEL
Subd. 560.02. Towers. Subdivision 1. A tower may be permitted as a conditional use in
the industrial zoning districts only. In order to be eligible for a conditional use permit, the
applicant must demonstrate that a newly constructed tower is necessary because co-location
on an existing tower is not feasible. The following are the application requirements:
a) A completed application including the following:
1. name, address, and telephone number of the applicant;
2. name, address, and telephone number of the owner(s) of the
property on which the tower is proposed to be located;
3. legal description of the parcel on which the tower is proposed to
be located;
4. written evidence of approval, easement or license for the
proposed tower from the property owner(s) to the applicant;
Hopcivil\Ordinance.towers 4
b) A site plan shall be submitted. This plan will be a scaled, surveyed site plan
indicating the location, type and height of the proposed tower, the existing land uses and
zoning of the subject parcel, all building uses with 300 feet of the proposed facility,
adjacent roadways, proposed means of access, setbacks from property lines, drawings of
the proposed tower showing elevation and other structures, topography, parking, and
depicting the proposed tower design.
c) Each applicant shall provide evidence and demonstrate the applicant has made
written contact with all wireless service providers who supply service within a quarter mile
of the proposed tower. The applicant shall inquire about potential collocation opportunities
at all technically feasible locations. The contacted providers shall be requested to respond
in writing to the inquiry within 30 days. The applicant's letter (s) as well as responses(s)
shall be presented to the City as a means of demonstrating the need for a new tower.
d) Documentation such as coverage maps showing the need for a tower at the
proposed site in order to close a gap in the applicant's wireless telecommunication service
or a gap in the service provided by a person intending to place wireless communications
facilities on the tower.
e) A structural engineering report certifying that the tower will have a wind load
capability equaling three (3) times the maximum wind load capacity necessary to support
the fIrst provider's wireless communications facilities, the ability of the tower to
accommodate co-location totaling three (3) wireless service providers wireless
communications facilities and a statement by the applicant affIrming its intent to
accommodate the collocation of additional wireless communications facilities for future
users.
f) A landscape plan showing specific landscape material, method of fencing,
finished color and, if applicable, the method of camouflage and lighting.
g) Representation of the visual impact of the proposed tower as follows:
1. Photographs taken from the periphery of the subject area from the
north, south, east, and west of the proposed tower.
2. Each of the existing condition photographs shall have the proposed
tower superimposed on it to show what will be seen after tower
construction.
h) A fee established by resolution by the City Council that shall cover the
reasonable costs of application process and review. The applicant shall also reimburse the
City for the reasonable cost of a review by a radio frequency (RF) engineer, other technical
review as needed and/or legal counsel retained by the City.
Hopcivil\Ordinance, towers 5
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i) Other information deemed by the planning department to be necessary.
Subd. 560.03. Performance Standards. Subdivision 1. The following are the performance
standards for towers, antennas, and equipment shelters:
a) The location of towers, antennas, and equipment shelters shall comply with all
natural resource protection established in the zoning ordinance.
b) Security fencing ten feet in height shall surround the tower and equipment
shelter, either completely or individually as determined by the City Council and approved
in the site plan.
c) Equipment shelters and structures accessory to a tower and antenna must be
designed to blend in and be compatible with the surrounding environment and neighboring
uses and to meet such setback requirements as are compatible with the actual placement of
the tower. Ground mounted equipment must be screened from view with suitable
vegetation, except where a design of non-vegetative screening better reflects and
complements the character of the surrounding neighborhood. Equipment shelters shall be
placed underground if physically feasible.
d) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent
possible.
e) The tower shall be painted a non-contrasting gray or similar color minimizing its
visibility, unless otherwise required by the Federal Communications Commission (FCC) or
Federal Aviation Administration (FAA).
f) The use of any portion of a tower for signs other than warning or equipment
information IS prohibited.
g) Towers may be located closer to the property line of the parcel on which the
tower is located than the height of the tower only if adjoining properties are used for a use
that the City Council finds will not be affected by a tower collapse: (i.e. rail road right-of-
way, lake, creek, unbuildable land).
h) Towers shall be built to structurally accommodate the maximum number of
foreseeable uses technically practicable.
i) One tower is allowed per site.
j) Towers shall be designed to ensure that visual intrusiveness and impacts on
nearby properties is mitigated to the greatest extent feasible.
k) Towers must be designed and certified by an engineer to be structurally sound
and in conformance with the Uniform Building Code, and any other standards set forth in
Hopcivil\Ordinance. towers 6
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this code.
1) Towers may not be artificially lighted except as required by the Federal Aviation
Administration. If so required, lighting shall be of a type, color, and intensity so as to
minimize visual intrusiveness, particularly at night.
m) Towers must be self-supporting without the use of guys, wires, cables, beams or
other means. Towers must be a monopole design.
560.04. Sole Use. Subdivision 1. Wireless communications facilities proposed as a sole
. use on any lot in an industrial zoning district are subject to the following conditions:
a) The lot must meet the minimum lot size for the district.
b) The minimum distance from any tower to any R -1 zoning district shall be the height
of the tower plus 100 feet. Towers shall have a minimum setback from any other
zoning district equal to the height of the tower plus J 0 feet, unless otherwise
provided in the ordinance. Setbacks are measured from the base of the tower to the
property line of the parcel on which it is located.
c) Equipment shelters shall comply with the minimum setbacks for the district.
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e) Maximum size of equipment shelter - 200 square feet for a single shelter, or, if
there is more than one, 400 total square feet. Equipment shelters shall be placed.
under-ground if physically feasible.
f) The wireless communications facility shall be fully automated and unattended on a
daily basis, and shall be visited' only for periodic and necessary maintenance
(except during construction or an emergency).
560.05. Combined with another use. Subdivision 1. A wireless communications facility is
permitted on a lot in an industrial zoning district together with an existing use subject to the
following conditions:
a) The existing use on the lot may be any permitted use in the district or any
lawful nonconforming use, and need not be affiliated with the wireless telecommunications
provider. The wireless communications facility will not be considered an addition to the
structure or value of a nonconforming use.
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b) The wireless communlcations facility shall be fully automated and unattended
on a daily basis, and shall be visited only for periodic and necessary maintenance (except
Hopclvil\Ordinance,towers 7
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during construction or an emergency).
c) The minimum lot area shall be the area needed to accommodate the tower (and
guy wires, if used), the equipment shelter, security fencing and buffer planting.
d) The minimum distance from any tower to any R-l district lot line shall be the
height of the tower plus 100 feet. Setbacks are measured from the base of the tower to
the property line ofthe parcel on which it is located. Towers shall have a minimum setback
from any other zoning district equal to the height of the tower plus 10 feet, unless otherwise
provided in the ordinance. Setbacks are measured from the base of the tower to the
property line of the parcel on which it is located. .
f) Access - the service access to the equipment shelter shall, whenever feasible,
be provided along the circulation driveways of the existing use.
g) Maximum height:
Tower: 75 feet measured from grade.
Equipment Shelter: 10 feet
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h) Maximum size of equipmen~ shelter - 200 square feet for a single shelter, or if
there is more than one, 400 square feet. Equipment shelters shall be placed underground if
physically feasible.
i) All ground equipment shall be housed within an existing structure whenever
possible. If an equipment shelter is necessary, it shall be situated as to be screened from
view by landscaping.
Subd. 560.06. Wireless telecommunications antennas. Subdivision 1. Wireless
telecommunications antennas attached to existing buildings or structures are permitted in
Business, Institutional, Business Park, and Industrial zoning districts. Wireless
telecommunications antennas are not permitted in R-l zoning districts. In applying for a
permit for a wireless telecommunications antenna,. the applicant must present substantial
evidence as to why it is not technically feasible to co-locate. Once those efforts have been
exhausted, a wireless telecommunications antenna may be located on an existing building
or structure subject to the following conditions.
a) Maximum height 20 feet above the existing building or structure.
b) Wireless telecommunications antennas attached to a public facility, such as
a water tower, shall be integrated with the design, material, shape and color of, and shall
not be visibly distinctive from, the public facility.
Hopcivi1\Ordinance.towers 8
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c) If the applicant proposes to locate wireless communications facilities in an
equipment shelter (not located in, attached to, or on top of the building), the shelter shall
comply with the following:
1. The minimum setback requirements for the subject zoning district.
2. A buffer yard may be planted in accordance with section 560.02c.
3. Vehicular access to the shelter shall not interfere with the parking or
vehicular circulation on the site for the principal use.
4. The maximum size of the equipment shelter shall not exceed 200
square feet, or, ifthere is more than one, 400 square feet.
5. Up to four providers may be allowed on an existing building or
structure.
6. Maximum height 10 feet.
7. Equipment shelters shall be placed underground if physically
feasible.
Subd. 560.07. Antennas in rdsidential zoning districts. Subdivision 1. Wireless
communications facilities that include towers are not permitted in residential zoning
districts. Wireless telecommunications antennas are not pennitted in R-1 zoning districts.
Antennas attached to existing buildings or structures are permitted in R-2, R-3, R-4, R-5,
and R-6 zoning districts. In applying for a permit in any such residential district, the
applicant must present substantial evidence as to why it is not technically feasible to be
located in a more appropriate nonresidential zone. Provided that is demonstrated, a
wireless telecommunications antenna may be located in an R-2, R-3, R-4, R-5 or R-6
zoning district subject to the following conditions:
a) Combined with a nonresidential use. An antenna may be attached to a
nonresidential building or a structure that is a permitted use in the district; including, but
not limited to a church, a municipal or governmental building or facility, and a building or
structure owned by a utility. The following conditions shall be met:
1) Maximum height: 20 feet above the existing building or structure.
2) If the applicant proposes to located the wireless communications equipment
in a separate equipment shelter, the equipment shelter shall comply with the
following:
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i)
The equipment shelter shall comply with the mlrumum setback
requirements for the subject zoning district.
Hopcivi1\Ordinance,towers 9
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ii)
Hi)
iv)
v)
vi)
vii)
The maximum size of the equipment shelter shall not exceed 200 square
feet, or if there is more than one, 400 total square feet.
A buffer yard shall be planted in accordance with section 560.02 c
Vehicular access to the equipment shelter shall not interfere with the
parking or vehicular circulation on the site for the principal.
The antenna shall be fully automated and unattended on a daily basis,
and shall be visited only for periodic and necessary maintenance.
Maximum height 10 feet.
Equipment shelters shall be placed underground if physically feasible
b) Antennas located on residential buildings. An antenna for a wireless
communications facility may be attached to a mid-rise or high-rise apartment buildings
only in the R-2 - R-6 zoning districts subject to the following conditions:
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1) Maximum height: 20 feet above the existing building.
2) If the applicant proposes to locate the wireless communications equipment
in a separate equipment shelter (not located in, attached to, or on top of the
building), the shelter equipment shall comply with the following:
i) The equipment shelter shall comply with the minimum setback
requirements for the subject zoning district.
ii) The maximum size of the equipment shelter shall not exceed 200 square
feet, or if there is more than one, 400 total square feet.
iii) , A buffer yard shall be planted in accordance with section 560.02c.
iv) Vehicular access to the equipment shelter shall, if all possible, use the
existing circulation system.
v) The antenna shall be fully automated and unattended on a daily basis,
and shall be visited only for periodic and necessary maintenance.
vi) Up to four providers may be allowed on an existing building.
vii) Equipment shelters shall be placed underground if physically feasible.
560.08. Abandoned antennas, and towers removal. Subdivision 1. Abandoned or unused
Hopcivil\Ordinance. towers 10
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towers, antennas, and associated wireless communications facilities must be removed
within ninety days of the cessation of operations of the wireless communications facility at
the site unless an extension is approved by the City Councii. Tower foundations shall be
removed to eighteen (18) inches below grades. Should the owner of any tower fail to
remove the tower within ninety (90) days of cessation of operation, such tower is declared
to be a public nuisance and may be removed by the city, and the costs of removal, may be
assessed against the lot on which the tower is located, pursuant to Minnesota Statute
Chapter 429 and the Hopkins City Code. The conditional use permit for any tower shall
establish an amount to be posted by bond, letter of credit, cash or equivalent by the
applicant that will cover the projected cost of removal of towers, antennas, and equipment
shelter/cabinet in the event of abandonment.
560.09 Right-of-Way. Subdivision 1. Except by prior written approval of the city, no
part of any tower or wireless communications facilities, nor any line, cable, equipment,
accessory buildings, wires or braces shall at any time extend across or over any part of the
right-of-way, public street, highway, sidewalk or property line.
Subd. 2. Height. An antenna attached to an existing pole in the right-of-way
cannot exceed a combined height of 40 feet.
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(THE ABOVE SECTION SHOULD BE REVIEWED. IN PARTICULAR, IT
SHOULD INCLUDE AN EXCEPTION FOR FACILITIES THAT ARE LOCATED
UNDERGROUND)
560.10. Structural Inspections. Subdivision 1. The city may conduct inspections at any
time, upon reasonable notice to the property owner and the tower owner to inspect the
tower for the purpose of determining if it complies with the Uniform Building Code arid
other construction standards provided by the city code, federal and state law. The City's
expense related to such inspections will be borne by the tower owner or property owner.
Based upon the results of an inspection, the building official may require repair,
modification or removal of a tower.
560.11. Radiation Emission Inspections. Subdivision 1. The owner of a tower or wireless
communications facility shall annually provide the City with current technical evidence of
compliance with FCC {OET-65} radiation emission requirements no later than December
31 of each calendar year.
560.12. Maintenance. Subdivision 1. Towers and wireless communication facilities
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 that
are likely to cause damage, injuries, or nuisances to the public.
b) Owners must install and maintain towers, wireless communications facilities,
Hopcivil\Ordinance.towers 11
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wires, cables, fixtures and other equipment in compliance with the requirements of the
National Electric Safely Code and all FCC, State, and local regulations, and in such a
manner that they will not interfere with the use of other property.
c) Towers, wireless communications facilities, and antenna support structures
must be kept and maintained in good condition, order, and repair.
d) Maintenance or construction on a tower, wireless communications facilities or
antenna support structure must be performed by qualified maintenance and construction
personnel.
e) All users of any tower must comply with radio frequency emissions standards
of the FCC (OET -65) and provide proof of compliance annually by written report
certified by an engineer. If the permittee fails to submit timely proof of compliance
annually, the city may retain its own engineer to test for compliance. The provider shall
reimburse the city for its costs in carrying out the tests.
f) If the use of a tower is discontinued by the tower owner, the tower owner must
provide written notice to the City of his intent to discontinue use and the date when the
use will be discontinued.
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560.13. Failure to Comply; Permit Revocation. Subdivision 1. If the tower owner fails
to comply with any provision of the city code, federal or state law, the applicable permit
or conditional use pennit requirements, the city may impose penalties for noncompliance,
or it may revoke the conditional use permit in accordance with the following provisions.
Subd 2. Except as provided in subdivision 3 below, a conditional use permit
revocation shall be preceded by written notice to the permittee of the alleged violation(s),
the opportunity to cure the violation(s) during a period not to exceed thirty (30) days
following receipt of the written notice and a hearing before the city council at least fifteen
(15) days after receiving written notice of the hearing. The hearing shall provide the
permittee with an opportunity to show cause why the conditional permit should not be
revoked.
Subd. 3. If the city finds that exigent circumstances exist reqUITIng immediate
conditional use permit revocation, the city may revoke the permit and shall provide a
post-revocation hearing at least fifteen (15) days after permittee's receipt of written
notice of the hearing.
Subd. 4. Any decision to revoke shall be in writing and supported by substantial
evidence contained in a written record.
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560.14. Insurance. Subdivision 1. The tower owner shall provide evidence satisfactory
to the City that its tower and wireless communication facilities thereon are adequately
insured for injury and property damage. Upon request, the holder of a conditional use
Hopcivil\Ordinance, towers 12
permit issued under this chapter shall submit to the zoning administrator a photocopy of a
certificate of insurance showing that the tower or wireless communications facility is
insured for that calendar year.
560.15. Variances. Subdivision 1. Variances from the requirements of this Ordinance
may be granted by the City Council only as provided below: '
Subd. 2. A variance may be granted if the applicant shows by clear and
convincing evidence that the applicant, its tenants cannot meet reasonable service quality
needs of wireless telecommunications users in the city without a variance from the
requirements of this ordinance.
Subd. 3. If the applicant makes the showing required by Subd. 2., the applicant
shall demonstrate and the City Council must consider the following additional factors in
determining whether to grant a variance:
a) Whether there are exceptional or unique circumstances that apply to the
property because of lot size or shape, or topography, or other circumstances
over which the owners of the property have no control;
b)
Whether special conditions or circumstances exist that were not created by
the applicant or the owner of the property or their predecessors;
.
c)
Whether the variance would be detrimental to the public or to the owners of
other property in the vicinity; and
d) Whether the variance requested IS the minimum vanance that would
alleviate the hardship.
Subd. 4. A variance will be granted only in instances where the strict
enforcement of the requirements of this ordinance would cause undue hardship or a
determination is made that denial of a variance under the facts presented would be
contrary to law. Economic consideration alone will not constitute an undue hardship if
reasonable use ofthe property exists under the terms of this ordinance.
.
Hopcivil\Ordinance.towers 13
.
First reading:
May 6, 2003
Second reading: May 20, 2003
Date of publication: May 29,2003
Section 2. This ordinance shall be in full force and effect upon its passage and publication.
Passed by the City Council of the City of Hopkins, Minnesota, this _ day of
2003.
Eugene 1. Maxwell
Mayor, City of Hopkins
ATTEST:
.
Terry- Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
Hopcivil\Ordinance,towers 14
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