PUBLICATION NO.
_______________
ORDINANCE NO. _____-_______
AN ORDINANCE AMENDING SECTIONS 3 AND 10.08 OF THE HUTCHINSON CITY CODE
REGARDING TELEVISION AND RADIO ANTENNA
SECTION 3 -
DEFINITIONS
SATELLITE ANTENNA:
A device for the reception of signals from communication satellites.
TELEVISION AND
RADIO ANTENNA
Subd. 1. Antennas and Dish-Type Antennas Having a
Diameter No Greater than 30 Inches. Antennas
and towers having over-all heights of 75 feet or less are a Permitted Use in all
Districts and are permitted encroachments on height requirements of this
Code. This includes tower of all types
and antennas of all types and sizes except dish-shaped antennas having a
diameter greater than 30 inches.
Antennas and dish-shaped antennas having a diameter greater than 30
inches. Antennas and dish-shaped
antennas having a diameter of 30 inches or less are exempt from any requirement
for a building permit, but are subject to excavation permit requirements when
applicable. Antennas and towers higher
than 75 feet require a conditional use permit.
A.
Vertical Antennas. The bottom of the base of a mast- or tower-mounted vertical
antenna may be at a height of 75 feet or less with no overall height limit for
the top of the antenna. The highest point
of any ground-mounted vertical antenna, however, may be no more than 75 feet.
B.
Directional Satellite Communications Antennas. The point at which the main boom of a
directional, non-dish-type satellite communications antenna or antenna array is
attached to its support structure (tower, mast, rotator, etc.) Can be no more
than 75 feet high. The uppermost
part(s) of such antenna(s) can be at 100 feet.
C.
Height. The
height of an antenna, dish antenna, or tower shall be measured from the
adjacent ground elevation at the base of the antenna, dish or tower to the
highest point of the antenna or tower.
If the antenna or tower is mounted on a building, height is measured
from the average grade level on which the building is constructed.
D.
Definitions.
-
An antenna is a wire or other device that receives or
transmits radio waves.
-
A tower is defined as a structure to which an antenna
is attached.
-
A directional satellite communications antenna is
defined as any directional antenna or antenna array designed to provide radio
communications using satellites, manned or unmanned spacecrafts, moonbounce,
tropo-scatter, meteor-trail ionization, or similar vehicles or propagation
modes.
Subd. 2. Installation Requirements. An excavation permit is required for all towers and antennas for
which excavation is required. All
antennas and towers must conform to the Uniform Building Code, the National
Electric Code, the City/County Airport Zoning Ordinance, and the regulations of
the Federal Airways Administration (FAA) and Federal Communications Commission
(FCC). Antennas or towers may be
installed in utility easements if a waiver is obtained from the City Engineer
and the Hutchinson Utilities Commission.
Subd. 3. Tower Locations.
Antennas and towers shall not be allowed (1) nearer the street than the
principal building on the lot; and (2) nearer the rear or side lot lines than
the minimum rear or side yard setback.
Wire antennas are exempt from this requirement.
Subd. 4. Encroachment.
No part of an antenna may extend beyond the lot line over an adjoining
lot without written permission from the owner or lessee of that adjoining lot.
Subd. 5. Reservations.
The City reserves the right to permit antennas, in its sole discretion, on top of water towers,
high rise buildings and other structures.
The City, at its sole option may also require a verification of approval
from the Hutchinson Community Hospital/Burns Manor Nursing Home or the
Municipal Airport when height limitations are of concern for helicopter and
flight operations.
AMATEUR RADIO
ANTENNA TOWERS:
ANTENNA: Any structure or device used for the purpose
of collecting or radiating electromagnetic signals including but not limited to
directional antennas such as panels, microwave dishes, satellite dishes, and
omni directional antennas such as whip antennas.
Commercial wireless telecommunication services: Licensed commercial
wireless telecommunication services including cellular, personal communications
services (PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to the
general public.
Commercial Wireless Telecommunication Service
Facility: A facility
that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes,
horns, and other types of equipment for the transmission or receipt of such
signals, telecommunication towers or similar structures supporting said
equipment, equipment buildings, parking areas, and other accessory development
and related equipment.
Monopole: A wireless communication facility which consists of a single unit without supporting members structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
Private Receiving and/or Transmitting Antenna: Any antenna erected for non-commercial use of the information.
Public utility: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone services to the general public. For the purpose of this Ordinance, commercial wireless telecommunications service facilities shall not be considered public utility uses, and are defined separately.
COMMUNICATION Tower: A structure which is designed to support an
antenna and all supporting lines, cables, wires, and braces.
Tower height: The height as determined by measuring the
vertical distance from the point of contact with the ground to the highest
point of the tower, including all antennae or other attachments.
Subd.
1. Purpose and Intent. In order to accommodate
the communication needs of the residents, business and industry while
protecting the health, safety, and general welfare of the City of Hutchinson,
the following regulations are imposed in order to:
1) Facilitate the use of wireless
communication services, television and radio antenna, for residents, business
and industry of the City of Hutchinson;
2)
Minimize adverse effects of towers through careful design
and siting standards;
3)
Avoid potential damage to adjacent properties from tower or
antenna failure through structural standards and setback requirements; and
4)
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. Amateur Radio
Antenna Towers. The
construction/erection of towers supporting amateur radio antennas shall be a
permitted use in all zoning districts subject to the following requirements:
1)
Such towers require a building permit
2)
Such towers shall be allowed only in the rear yard of
residentially zoned properties. If
there is insufficient space within the rear yard to erect the tower and any
related guy wires, then the property owner may apply for a conditional use
permit to erect a tower in another yard (front or side).
3)
Such towers shall not exceed seventy-five (75) feet in
height, except by conditional use permit.
4)
Such towers shall conform to the accessory structure
setback for the district in which it is located.
5)
Amateur radio antenna towers shall be installed in
accordance with the instructions furnished by the manufacturer of the tower
model. Antennas mounted on a tower may
be modified and changed at any time so long as the published allowable load on
the tower is not exceeded and the structure of the tower remains in accordance
with the manufacturer’s specifications.
6)
Such towers shall be exempt from the requirements of Subds.
4 through 11 of this ordinance.
Subd. 3. Tower Locations. Antennas on a public structure or existing
structures are allowed in all districts by resolution approved by the City
Council. Towers not exceeding
seventy-five (75) feet in height may be erected after the issuance of a
building permit. All towers shall be of
a monopole construction and subject to the regulations listed in the City of
Hutchinson Airport Zoning Ordinance.
Towers exceeding this height shall be allowed only by a conditional use
permit in the following zoning districts:
C-1
Neighborhood Convenience Commercial District
C-2 Automotive
Service Commercial District
C-3 Central
Commercial District
C-5
Conditional/Commercial District
I/C
Industrial/Commercial District
I-1 Light
Industrial Park District
I-2 Heavy
Industrial District
BP Business
Park District
Subd. 4. Tower
Setbacks. The following
setbacks shall apply in the listed districts:
1)
C-1, C-2, C-3, C-4, C-5, BP, I/C, I-1 and I-2: The setback of the tower shall be at a ratio
of one (1) foot of setback for every two (2) feet of height of tower (i.e. a
one hundred (100) foot tower would require a fifty (50) foot setback from all
property lines and street right-of-way).
2)
In the event that any portion of the property directly
abuts a district zoned R-1, Single Family Residential; R-2, Medium Density
Residential; R-3, Medium- High Density Residential; R-4, High Density
Residential;R-5, Mobile Home Park ; or A-1 Agricultural or R-1 Rural
Residential in the Joint Planning Area; the setback to these districts shall be
at a ratio of one (1) foot for every one (1) foot of height of structure (i.e.
a one hundred (100) foot tower would require a one hundred (100) foot setback
from any property line which is residentially or agriculturally zoned).
Subd. 5. Tower
Lighting. Towers shall be
required to meet Federal Aviation Administration (FAA) and Federal
Communications Commission (FCC) requirements and shall not be artificially
lighted unless required by the Federal Aviation Administration to do so. If the tower does require artificial
lighting, a letter stating this need and a description of the lighting shall be
provided to the City Council prior to approval. The lighting, unless required by the FAA to be otherwise, must be
defused.
Subd. 6. Co-location
Requirements. All commercial
towers erected, constructed, or located within the City of Hutchinson shall
comply with the following requirements:
1)
A proposal for a new commercial tower shall not be approved
unless the applicant has provided proof that the proposed tower cannot be
accommodated on an existing or approved tower or building within a one-mile
search radius of the proposed tower due to one or more the following reasons:
a)
The antenna 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.
b)
The antenna would cause interference materially impacting
the usability of other existing or planned antenna at the tower or building as
documented by a qualified and licensed professional engineer and the
interference cannot be prevented at a reasonable cost.
c)
Existing or approved towers and buildings within the search
radius cannot accommodate the planned antenna at a height necessary to function
reasonably as documented by a qualified and licensed professional engineer.
d)
Other unforeseen reasons that make it unfeasible to locate
the planned antenna equipment upon an existing or approved tower or building.
2)
Any proposed commercial tower shall be designed,
structurally, electronically, and in all respects, to accommodate both the
applicant’s antennas and comparable antennas for at least two additional users
if the tower is over one hundred (100) feet in height or for at least one
additional user if the tower is over seventy-five (75) 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. Structural and
Landscaping Requirements.
Proposed or modified towers and antennas shall meet the following design
requirements:
1)
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.
2)
Commercial towers shall be of a monopole design unless the
City Council determines that an alternative design would better blend into the
surrounding environment.
3)
Landscaping plans for the base of the tower must be
submitted with the application of the conditional use permit or building permit,
should a conditional use permit not be needed.
These plans must be compatible with the surrounding character of the
area and must be approved either by the City Council or City staff prior to the
issuance of the conditional use permit or building permit.
4)
Screening plans for accessory equipment or buildings
shall be provided and include a one hundred percent (100%) opaque barrier to be
constructed of either brick masonry walls or solid wood fencing of a height of
no less than six feet.
Subd. 8. Abandoned or Unused
Towers and Antennas. Abandoned or unused towers or portions of
towers shall be removed as follows:
1)
All abandoned or unused towers and associated facilities
shall be removed within six (6) months of cessation of operations at the site
unless a time extension is approved by the Planning Commission. In the event that a tower is not removed
within six (6) months of cessation of operations at a site, the tower and
associated facilities may be removed by the City of Hutchinson and the costs of
removal assessed against the property.
2)
Unused portions of towers above a manufactured
connection shall be removed within six (6) months of the time of antenna
location. The replacement of portions
of a tower previously removed requires the issuance of a new conditional use
permit.
Subd. 9. Public Safety
Telecommunication Interference. Commercial
wireless telecommunications services shall not interfere with public safety
telecommunications. Before the
introduction of new service or changes in existing services, telecommunication
providers shall notify the City at least ten (10) days in advance of any
changes and allow the City to monitor interference levels during the testing
process.
Subd. 10. Signs and
Advertising. The use of any
portion of a tower for signs, other than warning or equipment information
signs, is prohibited.
1)
A report from a qualified and licensed professional
engineer which
A)
describes the tower height and design including a cross
section and elevation;
B)
documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation distances between
antennas;
C)
describes the tower’s capacity, including the number and
type of antennas it can accommodate;
D)
documents what steps the applicant will take to avoid
interference with established public safety telecommunications;
E)
includes an engineer’s stamp and registration number; and,
F)
additional information necessary to evaluate the request.
2) For all commercial
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.
3)
If the tower exceeds 200 feet, a letter of approval from
the Federal Aviation Administration.
4)
A letter from the Federal Aviation Administration if
artificial lighting is deemed necessary.
5)
Recommendation for approval by the Hutchinson Airport
Commission.
Subd. 13. Satellite Dishes.
Satellite dishes greater than one (1) meter in diameter shall be allowed only
by a conditional use permit in all districts.
Design plans shall include provisions for screening and shall be
submitted with the conditional use permit application.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication.
Adopted by the City Council this _______ day of ________________________, 2000
Attest:
__________________________ ______________________________
Gary D. Plotz Marlin Torgerson, Mayor