HomeMy WebLinkAboutCity Council Ordinance 1996-167/2/96
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 96-16
AN ORDINANCE AMENDING ORDINANCE NO. 80-9, THE PLYMOUTH ZONING
ORDINANCE, BY ESTABLISHING ANTENNA REGULATIONS.
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 4, Subd. B. of the Plymouth Zoning Ordinance (Definitions) is
hereby amended to delete the following definitions:
Antenna
Essential Services
Section 2. Section 4, Subd. B of the Plymouth Zoning Ordinance (Definitions) is
hereby amended to add the following definitions:
Antenna, Cellular Telephone. A device consisting of a metal, carbon fiber, or other
electromagnetically conducive rods or elements, usually arranged in a circular array on a
single supporting pole or other structure, and used for the transmission and reception of radio
waves in wireless telephone communications.
Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the transmission and/or reception
of point to point UHF or VHF radio waves in wireless telephone communications, and
including the supporting structure thereof.
Antenna, Radio and Television, Broadcast Transmitting. A wire, set of wires,
metal or carbon fiber rod or other electromagnetic element used to transmit public or
commercial broadcast radio or television programming, and including the support stricture
thereof.
Antenna, Radio and Television Receiving. A wire, set of wires, metal or carbon
fiber element(s), other than satellite dish antennas, used to receive radio, television, or
electromagnetic waves, and including the supporting structure thereof.
Antenna, Satellite Dish. A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia.
Such device is used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based uses. This definition shall include, but not be limited to,
what are commonly referred to as satellite earth stations, TVROs (television, receive only) and
satellite microwave antennas.
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Antenna, Short -Wave Radio Transmitting and Receiving. A wire, set of wires or
a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element
used for the transmission and reception of radio waves used for short-wave radio
communications, and including the supporting structure thereof.
Antenna Support Structure. Any pole, telescoping mast, tower, tripod, or any other
structure which supports a device used in the transmitting or receiving of radio frequency
energy.
Essential Services. The erection, construction, alteration or maintenance by public
utilities or municipal departments of underground or overhead telephone, gas, electrical,
communication, water or sewer transmission, distribution, collection, supply or disposal
systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories
in connection therewith for the furnishing of adequate service by such private or public utilities
or municipal departments. Transmission reception support structures and antennas shall not be
considered an essential service.
Structure, Public. An edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite manner which is
owned, or rented and operated by a federal, state, or local government agency.
Section 3. Section 7, Subd. C. of the Plymouth Zoning Ordinance (Residential
Districts -Allowable Uses) is hereby amended to add the following:
P=Permitted Uses C=Uses by Conditional Use Permit A=Accessory Uses
DISTRICTS USES
FRD R -1A R -IB R-2 R-3 R-4
50. A A A A A A Radio and television receiving antennas
including single satellite dish TVROs
one (1) meter or less in diameter, short-
wave radio dispatching antennas, or those
necessary for the operation of household
electronic equipment including radio
receivers, federally licensed amateur radio
stations and television receivers, limited to
one (1) support structures per property, and
as regulated in Section 10, Subd. F. of
this Ordinance.
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51. C C C C C C
52. P P P P P P
53. C C C C C C
USES
Single satellite dish TVROs greater than
one (1) meter in diameter as regulated in
Section 10, Subd. F. of this Ordinance.
Cellular telephone antennas attached to a
public structure as regulated in
Section 10, Subd. F. of this Ordinance.
Cellular telephone antennas not located
on a public structure, as regulated in
Section 10, Subd. F. of this Ordinance.
Section 4. Section 8, Subd. B. of the Plymouth Zoning Ordinance (Business
Districts -Allowable Uses) is hereby amended to add the following:
P=Permitted Uses C=Uses by Conditional Use Permit A=Accessory Uses
DISTRICTS USES
B-1 Office B-2 Retail B-3 Service
Limited
55. A A A Radio and television receiving antennas
including single satellite dish TVROs
two (2) meters or less in diameter, short-
wave radio dispatching antennas, or those
necessary for the operation of
electronic equipment including radio
receivers, federally licensed amateur radio
stations and television receivers, as
regulated in Section 10, Subd. F. of
this Ordinance
56. P P P Cellular telephone antennas located on a
public structure, as regulated in
Section 10, Subd. F. of this Ordinance.
57. C C C Cellular telephone antennas not located
on a public structure, as regulated in
Section 10, Subd. F. of this Ordinance.
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Section 5. Section 8, Subd. B. of the Plymouth Zoning Ordinance (CC District -
Permitted Uses) is hereby amended to add the following:
CC -P District.
0) Cellular telephone antennas located upon a public structure as regulated in
Section 10, Subd. F. of this Ordinance.
CC -R District.
(ddd) Cellular telephone antennas located upon a public structure, as regulated in
Section 10, Subd. F. of this Ordinance.
CC -RE District.
(q) Cellular telephone antennas located upon a public structure, as regulated in
Section 10, Subd. F. of this Ordinance.
CC -OT District.
(o) Cellular telephone antennas located upon a public structure, as regulated in
Section 10, Subd. F. of this Ordinance.
Section 6. Section 8, Subd. B. of the Plymouth Zoning Ordinance (CC District -
Accessory Uses) is hereby amended to add the following:
(g) Radio and television receiving antennas including single satellite dish TVROs
two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio
receivers, federally licensed amateur radio stations and television receivers, as
regulated in Section 10, Subd. F. of this Ordinance.
Section 7. Section 8, Subd. B. of the Plymouth Zoning Ordinance (CC District -
Conditional Uses) is hereby amended to add the following:
All CC Districts:
(c) Cellular telephone antennas not located upon a public structure as regulated in
Section 10, Subd. F. of this Ordinance.
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Section 8. Section 8, Subd. D.1 of the Plymouth Zoning Ordinance (Industrial
District -Permitted Uses) is hereby amended to add the following:
d. Cellular telephone antennas, including necessary equipment buildings, as
regulated in Section 10, Subd. F. of this Ordinance.
Section 9. Section 8, Subd. D.2 of the Plymouth Zoning Ordinance (Industrial
District -Conditional Uses) is hereby amended to add the following:
n. Commercial and public radio and television transmitting antennas, and public
utility microwave antennas, as regulated in Section 10, Subd. F. of this Ordinance.
o. Commercial, private and public satellite dish transmitting or receiving antennas
in excess of two (2) meters in diameter, as regulated by Section 10, Subd. F. of this
Ordinance.
Section 10. Section 8, Subd. D.3 of the Plymouth Zoning Ordinance (Industrial
District -Accessory Uses) is hereby amended to add the following:
(f) Radio and television receiving antennas including single satellite dish TVROs
two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally
licensed amateur radio stations and television receivers, as regulated in Section 10,
Subd. F. of this Ordinance.
Section 11. Section 10, Subd. C.l.c.(3) of the Plymouth Zoning Ordinance (Height
Regulations) is hereby amended to read as follows:
(3) Chimneys or smoke stacks, radio, television and cellular telephone antennas.
Section 12. Section 10 of the Plymouth Zoning Ordinance (General Regulations) is
hereby amended to add the following:
Subdivision F ANTENNAS
1. Purpose. It is the purpose of this Chapter to provide for and regulate antennas in the
City of Plymouth.
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2. General Standards. The following standards shall apply to all cellular telephone,
public utility, microwave, radio and television broadcast transmitting, radio and television
receiving, satellite dish and short-wave radio transmitting and receiving antenna.
a. All obsolete and unused antenna shall be removed within twelve (12) months of
cessation of operation at the site, unless an exemption is granted by the Zoning
Administrator.
b. All antenna shall be in compliance with all City building and electrical code
requirements and as applicable shall require related permits.
C. Structural design, mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and as may be necessary, as determined
by the Zoning Administrator, shall be verified and approved by a professional
engineer.
d. When applicable, written authorization for antenna erection shall be provided by
the property owner.
e. No advertising message shall be affixed to the antenna structure.
f. The height of the antenna shall be the minimum necessary to function
satisfactorily, as verified by an electrical engineer or other appropriate professional.
g. Antennas shall not be artificially illuminated unless required by law or by a
governmental agency to protect the public's health and safety.
h. When applicable, proposals to erect new antenna shall be accompanied by any
required federal, state, or local agency licenses.
i. If a new antenna support structure is to be constructed, it shall be designed so as
to accommodate other users including but not limited to other cellular communication
companies, local police, fire and ambulance companies.
j. Antenna support structures under two hundred (200) feet in height shall be
painted silver or have a galvanized finish to reduce visual impact.
k. Except as may be applicable in cases where a conditional use permit is required,
antennas and support structures for federally licensed amateur radio stations and used in
the amateur radio service are exempt from sub -paragraphs (c), (f), and (i) above, and
must comply with sub -paragraph (1) below.
1. Amateur radio support structures (towers) must be installed in accordance with
the instructions furnished by the manufacturer of that tower model. Because of the
experimental nature of the amateur radio service, antennas mounted on such a tower
on
may be modified or 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
manufacturers specifications.
3. Accessory and Secondary Use Antennas. The following standards shall apply to all
accessory and secondary use antennas including radio and television receiving antennas,
satellite dishes, TVROs two (2) meters or less in diameter, short-wave radio dispatching
antennas, or those necessary for the operation of electronic equipment including radio
receivers, federally licensed amateur radio stations and television receivers.
a. Accessory or secondary use antennas shall not be erected in any required yard
(except a rear yard) or within public or private utility and drainage easements, and shall
be set back a minimum of three (3) feet from all lot lines.
b. Guy wires or guy wire anchors shall not be erected within public or private
utility and drainage easements, and shall be set back a minimum of one (1) foot from
all lot lines.
C. Accessory or secondary use antennas and necessary support structures,
monopoles or towers may extend a maximum of fifteen (15) feet above the normal
height restriction for the affected zoning district, except support structures and antennas
used in the amateur radio service may extend a maximum of two (2) times the normal
height restriction for the affected zoning district.
d. The installation of more than one (1) support structure per property shall require
the approval of a conditional use permit.
4. Cellular Telephone Antennas.
a. Residential District Standards.
1) Antennas located upon public structures: Cellular telephone antenna
located upon public structures shall require the processing of an administrative
permit and shall comply with the following standards:
a) The applicant shall demonstrate by providing a coverage/
interference analysis and capacity analysis prepared by a professional
engineer that location of the antennas as proposed is necessary to meet
the frequency reuse and spacing needs of the cellular system and to
provide adequate portable cellular telephone coverage and capacity to
areas which cannot be adequately served by locating the antennas in a
less restrictive district.
b) Transmitting, receiving and switching equipment shall be housed
within an existing structure whenever possible. If a new equipment
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building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard of the principal use and
shall be screened from view by landscaping where appropriate.
C) An administrative permit is issued in compliance with the
provisions of Section 10, Subd. C.6.c.1. of this Chapter.
2) Antennas not located upon a public structure: Cellular telephone antenna
not located upon a public structure shall require the processing of a conditional
use permit and shall comply with the following standards:
a) The applicant shall demonstrate by providing a coverage/
interference analysis and capacity analysis prepared by a professional
engineer that location of the antennas as proposed is necessary to meet
the frequency reuse and spacing needs of the cellular system and to
provide adequate portable cellular telephone coverage and capacity to
areas which cannot be adequately served by locating the antennas in a
less restrictive district.
b) The antennas shall be located on an existing structure, if possible,
and shall not extend more than fifteen (15) feet above the structural
height of the structure to which they are attached.
c) If no existing structure which meets the height requirements for
the antennas is available for mounting purposes, the antennas may be
mounted on a single ground mounted pole provided that:
1. The pole not exceed seventy-five (75) feet in height.
2. The setback of the pole from the nearest residential
structure is not less than the height of the antenna. Exceptions to
such setback may be granted if a qualified structural engineer
specifies in writing that any collapse of the pole will occur within
a lesser distance under all foreseeable circumstances.
d) Transmitting, receiving and switching equipment shall be housed
within an existing structure whenever possible. If a new equipment
building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard of the principal use and
shall be screened from view by landscaping where appropriate.
e) Unless the antenna is mounted on an existing structure, at the
discretion of the City, a security fence not greater than eight (8) feet in
height with a maximum opacity of fifty (50) percent shall be provided
around the support structure.
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f) The conditional use permit provisions of Section 9, Subd. A. of
this Chapter are considered and determined to be satisfied.
b. Business District Standards:
1) Antennas Located Upon A Public Structure. Cellular telephone antenna
located upon a public structure shall comply with the following standards.
a) Transmitting, receiving and switching equipment shall be housed
within an existing structure whenever possible. If a new equipment
building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard of the principal use and
shall be screened from view by landscaping where appropriate.
b) An administrative permit is issued in compliance with the
provisions of Section 10, Subd. C.6.c.1 of this Chapter.
2) Antennas Not Located Upon A Public Structure. Cellular telephone
antennas not located upon a public structure shall require the processing of a
conditional use permit and shall comply with the following standards:
a) The applicant shall demonstrate by providing a coverage/
interference analysis and capacity analysis prepared by a professional
engineer that location of the antennas as proposed is necessary to meet
the frequency reuse and spacing needs of the cellular system and to
provide adequate portable cellular telephone coverage and capacity to
areas which cannot be adequately served by locating the antennas in a
less restrictive district.
b) The antennas shall be located on an existing structure, if possible,
and shall not extend more than fifteen (15) feet above the structural
height of the structure to which they are attached.
c) If no existing structure which meets the height requirements for
the antennas is available for mounting purposes, the antennas may be
mounted on a single ground mounted pole provided that:
1. The pole not exceed seventy-five (75) feet in height.
2. The setback of the pole from the nearest residential
structure is not less than the height of the antenna. Exceptions to
such setback may be granted if a qualified structural engineer
specifies in writing that any collapse of the pole will occur within
a lesser distance under all foreseeable circumstances.
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d) Transmitting, receiving and switching equipment shall be housed
within an existing structure whenever possible. If a new equipment
building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard of the principal use and
shall be screened from view by landscaping where appropriate.
e) Unless the antenna is mounted on an existing structure, at the
discretion of the City, a security fence not greater than eight (8) feet in
height with a maximum opacity of fifty (50) percent shall be provided
around the support structure.
f) The conditional use permit provisions of Section 9, Subd. A. of
this Chapter are considered and determined to be satisfied.
C. Industrial District Standards.
1) Antennas Located Upon A Public Structure. Cellular telephone
antennas located upon a public structure shall require the processing of an
administrative permit and shall comply with the following standards:
a) An administrative permit is issued in compliance with the
provisions of Section 10, Subd. C.6.c.1 of this Chapter.
2) Antennas Not Located Upon A Public Structure. Cellular telephone
antennas not located upon a public structure shall require the processing of an
administrative permit and shall comply with the following standards:
a) The antennas shall be located upon a structure if possible.
b) If no existing structure which meets the height requirements for
mounting the antennas, the antennas may be mounted upon a supporting
pole or tower not exceeding one hundred fifty (150) feet in height. Such
pole or tower shall be located on a parcel having a dimension equal to
the height of the pole or tower measured between the base of the pole or
tower located nearest the property line and said property line, unless a
qualified structural engineer specifies in writing that the collapse of the
pole or tower will occur within a lesser distance under all foreseeable
circumstances.
C) An administrative permit is issued in compliance with the
provisions of Section 10, Subd. C.6.c.1. of this Chapter.
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5. Satellite Dishes.
a. Residential District Standards. Single satellite dish TVROs greater than one (1)
meter in diameter may be allowed as a conditional use within the residential zoning
districts of the City and shall comply with the following standards:
1. All accessory and secondary use provisions of Section 10, Subd. F.3. of
this Chapter are satisfactorily met.
2. The lot on which the satellite dish antenna is located shall be of
sufficient size to assure that an obstruction -free receive window can be
maintained within the limits of the property ownership.
3. Except where the antenna is screened by a structure exceeding the
antenna height, landscape buffering and screening shall be maintained on all
sides of the satellite dish antenna in a manner in which growth of the landscape
elements will not interfere with the receive window.
4. The satellite dish antenna is not greater than three (3) meters in
diameter.
5. The conditional use permit provisions of Section 9, Subd. A. of this
Chapter are considered and determined to be satisfied.
b. Business District Standards. Satellite dish antennas within the business zoning
districts of the City shall be limited to those listed as permitted accessory and secondary
uses in the applicable zoning district subject to the provisions of Section 10, Subd. F.2
and F.3 of this Ordinance.
G. Industrial District Standards. Commercial, private and public satellite dish
transmitting or receiving antennas in excess of two (2) meters may be allowed as a
conditional use within the I-1, Planned Industrial District of the City and shall comply
with the following standards:
1. All accessory and secondary use provisions of Section 10, Subd. F.3. of
this Chapter are satisfactorily met.
2. The lot on which the satellite dish antenna is located shall be of
sufficient size to assure that an obstruction free transmit -receive window or
windows can be maintained within the limits of the property ownership.
3. Except where the antenna is screened by a structure exceeding the
antenna height, landscape buffering and screening shall be maintained on all
sides of the satellite dish antenna in a manner in which growth of the landscape
elements will not interfere with the transmit -receive window.
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4. The conditional use permit provisions of Section 9, Subd. A. of this
Chapter are considered and determined to be satisfied.
6. Commercial and Public Radio and Television Transmitting Antennas and Public Utility
Microwave Antennas. Commercial and public radio and television transmitting and public
utility microwave antennas shall comply with the following standards:
a. Such antenna shall be considered an allowed conditional use within the I-1,
Planned Industrial District of the City and shall be subject to the regulations and
requirements of Section 9, Subd. A. of this Chapter.
b. The antennas, transmitting towers, or array of towers shall be located on a
continuous parcel having a dimension equal to the height of the antenna, transmitting
tower, or array of towers measured between the base of the antenna or tower located
nearest a property line and said property line, unless a qualified structural engineer
specifies in writing that the collapse of any antenna or tower will occur within a lesser
distance under all foreseeable circumstances.
C. Unless the antenna is mounted on an existing structure, at the discretion of the City, a
fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent
shall be provided around the support structure and other equipment.
Section 13. This Ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this 1 nrh__ day of July 1996.
ATTEST:
�fairie F. Ahrens, City Clerk
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yc(, yn N/Tiemey, Mayor