Memo-Tower and Antenna Zoning Ordinance
1'5
. MEMO
From:
City Council
Nancy Anderson
To:
Date:
March 7, 2003
Subject
Tower and antenna zoning ordinance
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.
.
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.
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.
. 75 feet is the maximum height
. Equipment shelters are regulated and required to be underground if physically
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 560.02c.
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, if there 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.
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 560.02 c
4. Vehicular access to the shelter shall not interfere with the parking or
vehicular circulation on the site for the principal. .
.
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.
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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 560.02c.
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.
Jerry Steiner has reviewed the ordinance. Mr. Steiner cited two items that were a
concern and need to be discussed with the City Council. The first was that if the
distance of towers from R-1 districts is too great it might eliminate towers from the City
and the second concern relates to eliminating towers and antennas from the right-of-
way.
The ordinance needs some fine-tuning, but staff wants to get the City Council's reaction
to see if we are on the right track and/or if there are other issues the Council wants
addressed.
.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-0000
AN ORDINANCE REGULATING TELECOMMUNICATIONS
TOWERS, ANTENNAS AND RELATED FACILITIES
WITHIN THE CITY OF HOPKINS
THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, DOES ORDAIN:'
Section 1. The Ordinance Code of the City of Hopkins is hereby amended by the addition
ofthe following new Section 560.00 as follows:
Section 560.00 - Telecommunications Towers and Facilities.
Section 560.01. Findings. The City Council finds:
Subd. 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.
Subd. 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 oftowers and antennas. Specifically, the purposes of
this section are:
a. to manage the location oftelecommunication 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 land uses; and
g. to facilitate the provision of wireless telecommunications services to the residents
and businesses of the city in an orderly fashion.
515 - Zonine code: policv~ definitions
Subd. 00. Co-location. The use of a single mount and/or site by more than one
. personal wireless service.
Subd. 00. Co-location. The use of a wireless telecommunication facility by more
than one wireless telecommunications provider.
.
Subd.OO. Equipment shelter or cabinet/ground equipment. An enclosed structure
at the base of or near a mount within which are housed. among other things, batteries and
electrical equipment. The equipment is connected to the antenna or tower by cable.
Subd. 00. Wireless Communication Facility. Hardware that provides wireless
communication services including antennas, towers and all associated equipment.
Subd. 00. Personal Wireless Communications Facility. A facility for the
provision of wireless communications services, as defined by the Telecommunications
Act of 1996.
Subd. 00. Wireless telecommunications antenna. The physical device 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.
Subd. 00. Stealth Design. A wireless telecommunications facility that
appropriately models or mimics the size, shape and color of something in the
immediately surrounding landscape 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.
.
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Subd. 00. Telecommunications tower or "tower". A self-supported lattice, guyed or
monopole structure constructed from grade that supports telecommunications facilities.
Subd. 560. 01 Towers. Subdivision 1. Wireless telecommunications facility, which
includes a tower, may be permitted as a conditional use in the industrial districts. In
order to be considered for review, the applicant must prove that a newly constructed
tower is necessary in that opportunities for collocation on an existing tower are 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 consent of the property owner(s) to the applicant;
.
b) When the proposed wireless telecommunications facility is to include a new
tower, 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) Any applicant requesting permission to install a new tower shall provide
evidence of written contact with all wireless service providers who supply service within
a quarter mile of the proposed facility. 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 Council 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 telecommunications
service or a gap in the service provided by a person intending to place
telecommunications 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 antennae, the ability of the tower to accommodate co-location totaling
three (3) wireless service provider facilities and a statement by the applicant affirming its
intent to accommodate the collocation of additional antennas 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) A fee established by resolution by the City Council that shall cover the
reasonable costs of application process and review. The applicant shall also be
responsible for, if needed, the cost to 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.
h) Other information deemed by the planning department to be necessary.
Subd. 560.02. Performance Standards. Subdivision I. 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
architecturally designed to blend in with the surrounding environment 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 a property line than the height of the tower if
there is a use that the City Council indicates 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.
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i) One tower is allowed per site.
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j) Towers shall be designed to ensure that visual intrusiveness and impacts on
nearby properties is mitigated to the greatest extent feasible.
k) Representation ofthe visual impact ofthe 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.
m) 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
this code.
n) 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.
0) Towers must be self-supporting without the use of guys, wires, cables, beams,
or other means. Towers must be a monopole design.
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560.03. Sole Use. Subdivision 1. Wireless telecommunications facilities proposed as a
sole use on an industrial zoning district are subject to the following conditions:
a) Minimum lot size - minimum lot size for the district.
b) Minimum yard requirements:
Tower: The minimum distance 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 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.
Equipment shelter: shall comply with the minimum setbacks for the district.
c) Maximum height:
Tower: 75 feet measured from grade
Equipment shelter: 10 feet
d) 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 underground if physically feasible.
e) Equipment shelters shall be situated as to be screened from View by
landscaping.
f) The wireless telecommunications 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).
560.04. Combined with another use. A wireless telecommunications facility is permitted
on property zoned industrial with an existing use subject to the following conditions:
a) The existing use on the property 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 telecommunications facility
will not be considered an addition to the structure or value of a nonconforming
use.
b) The wireless telecommunications 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).
c) Minimum lot area - 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) Minimum yard requirements - Tower: the minimum distance to
any R-1 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 of the 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.
e) Equipment shelter - shall comply with the mmlmum setback
requirements for district.
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
h) Maximum size of equipment 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.
.
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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. 560.05. Antennas. Subdivision 1. Wireless telecommunications antennas
attached to existing building or structures are permitted in Business, Institutional,
Business Park, and Industrial districts. In applying for a building permit for an antenna,
the applicant must present substantial evidence as to why it is not technically feasible to
collocate. 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) 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.
c) If the applicant proposes to locate the telecommunications equipment in a
separate shelter (not located in, attached to, or on top of the building), the shelter
shall comply with the following:
.
I. The minimum setback requirements for the subject zOlllng
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, if there 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.
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Subd. 560.06. Antennas. Subdivision 1. Wireless telecommunications facilities that
include towers are not permitted in residential districts; however, 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 building permit in any 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. Once those efforts have been exhausted, a wireless
telecommunications facility may be located in a residential district subject to the
following conditions:
Subd. 2. 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:
a) Maximum height, 20 feet above the existing building or structure.
b) If the applicant proposes to located the telecommunications equipment III a
separate shelter, the shelter shall comply with the following:
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 560.02 c
4. Vehicular access to the shelter shall not interfere with the parking or
vehicular circulation on the site for the principal.
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
.
Subd 3. Antennas located on residential buildings. An antenna for a wireless
telecommunications facility may be attached to a mid-rise or high-rise apartment
buildings in the R-2 - R-6 zoning districts subject to the following conditions:
a) Maximum height, 20 feet above the existing building.
b) If the applicant proposes to locate the telecommunications equipment in a
separate shelter (not located in, attached to, or on top of the building), the shelter
shall comply with the following:
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 560.02c.
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 shelters shall be placed underground if physically feasible
560.07. Abandoned antennas, and towers removal. Abandoned or unused towers,
antennas, and associated above-ground facilities must be removed within ninety days of
the cessation of operations of the telecommunications facility at the site unless an
extension is approved by the City Council. Tower foundations shall be removed to
eighteen (I8) inches below grades. Any tower cessation of operations at a site, which is
declared to be a public nuisance and may be removed by the city, and the costs of
removal, may be assessed against the property, pursuant to state law and the code. The
conditional use permit 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.
560,08 Right-of- Way. Subdivision 1. Except by written approval of the city, no part of
any telecommunication tower or telecommunications 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.
560.09. 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 and 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.
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560.10. Radiation Emission Inspections. Subdivision 1. The owner of a tower or
telecommunications facility shall annually provide the City with current technical evidence
of compliance with FCC {GET -65} radiation emission requirements no later than December
31 of each calendar year.
560.11. Maintenance, Subdivision 1. Towers and telecommunication 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. Tower owners must install and maintain towers, telecommunications facilities,
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, telecommunications facilities, and antenna support structures must be
kept and maintained in good condition, order, and repair.
d. Maintenance or construction on a tower, telecommunications facilities or
antenna support structure must be performed by qualified maintenance and construction
personnel.
e. all tenants on 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
.
.
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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.
560.13. Failure to Comply; Permit Revocation. Subdivision 1. If the permitee fails to
comply with any provision of the city code, federal or state law or the conditional use
permit requirements, the city may impose penalties for noncompliance, or it may revoke
the permit in accordance with the following provisions.
Subd 2. Except as provided in subdivision 3 below, a 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 permit should not be revoked.
Subd. 3. If the city finds that exigent circumstances exist requiring immediate
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.
560.14. Insurance. Subdivision 1. The applicant shall provide evidence satisfactory to
the City that its tower and telecommunication facilities thereon are adequately insured for
injury and property damage. Upon request, the holder of a conditional use permit issued
under this chapter shall submit to the zoning administrator a photocopy of a certificate of
insurance showing that the tower or antenna facility is insured for that calendar year.
560.15. Variances. Subdivision 1. The applicant may apply for a variance from the
provisions of this ordinance to the extent expressly indicated herein.
Subd. 2. A variance may be granted if the applicant shows by clear and
convincing evidence that he his or its tenants cannot meet reasonable service quality
needs of end 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 City
Council must consider the following additional factors in determining whether to grant a
vanance:
a. Whether there are exceptional or extraordinary 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 varIance 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 of the property exists under the terms of this ordinance.
First reading:
xxxxx 00, 2003
Second reading:
xxxxxx 00, 2003
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Date of publication: xxxxx 00, 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 J. Maxwell
Mayor, City of Hopkins
ATTEST:
Terry Obermaier, City Clerk
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APPROVED AS TO FORM AND LEGALITY: