Selected Ordinance Provisions Pertaining to Towers

This Document Last Updated 9/26/01.

CHAPTER 19: ZONING

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ARTICLE V. PERFORMANCE STANDARDS

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SEC. 19.63.05. TOWERS.

(a) Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to:

(1) facilitate the provision of wireless telecommunication services to the residents and businesses of the City;

(2) minimize adverse visual effects of towers through careful design and siting standards;

(3) avoid potential damage to adjacent properties from tower 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.

(b) Area Specific Requirements for Towers and Antennas.

(1) Towers in Residential Zoning Districts. Towers shall be allowed only in the following residentially zoned areas:

(A) Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels.

(B) Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed only in the following residentially zoned locations:

(i) Church sites, when camouflaged as steeples or bell towers;

(ii) Park sites, when compatible with the nature of the park; and,

(iii) Government, school, utility, and institutional sites, not including the public right-of-way.

(2) Antennas in the Public Right-of-Way. Wireless telecommunication facilities and antennas may co-locate with existing poles or towers in the City, County, or State right-of-way within any zoning district only when in compliance with the requirements in Chapter 17, Article IV of this Code, Right-of-Way Management.

(c) Co-Location Requirements. All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements:

(1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (one half mile search radius for towers under 120 feet in height, one quarter mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:

(a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

(b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

(c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

(d) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

(2) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(d) Tower Construction Requirements. All towers erected, constructed, or located within the City, and all wiring therefore, shall comply with the requirements set forth of Section 15.14 of this Code.

(e) Tower and Antenna Design 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 wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment.

(f) Tower Setbacks. Towers shall conform with each of the following minimum setback requirements:

(1) Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

(2) Towers shall be set back from the planned public rights of way as shown on the most recently adopted Master Street Plan of the City by a minimum distance equal to one half of the height of the tower including all antennas and attachments.

(3) Towers shall not be located between a principal structure and a public street, with the following exceptions:

(a) In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.

(b) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

(4) A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

(5) Towers erected on any protected residential parcel as defined in Section 19.47 of this Code are also subject to the setback provisions of Section 15.14(d)(8) of this Code.

(g) Tower Height. All proposed towers shall meet the height restrictions set forth in Section 19.47 of this Chapter.

(h) Tower Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(i) Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(j) Associated Equipment. Ground equipment associated with a tower or wireless telecommunications facility shall be screened by vegetative or other screening compatible with the surrounding environment if deemed necessary by the Planning Manager or designee. When associated ground equipment is housed in a building or structure, that building or structure shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground equipment associated with a wireless telecommunications facility may be located on residentially used property only within a utility easement adjacent to the public right-of-way and in conformance with the limitations discussed in Section 17.70(d)(3), except in the multi-family zoning districts (R-4, RM-12, RM-24, and RM-50) where ground equipment associated with a wireless telecommunications facility may also be located within a code complying building or structure after receiving the approvals required by this Code.

(k) Abandoned or Unused Towers or Portions of Towers. 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 12 months of the cessation of operations at the site unless a time extension is approved by the Planning Manager. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property.

(2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.

(l) Antennas Mounted on Roofs, Walls, and Existing Towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the Planning Manager, provided the antennas meet the requirements of this Code, after submittal of 1) a final site and building plan as specified by Section 19.40.12 of this Code, and 2) a report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. Antennas shall be mounted on the facade of the building or penthouse structure unless the Planning Manager or designee determines that another antenna mounting location decreases the visual impact of the antennas. All roof mounted equipment shall be screened from view in accordance with Section 19.52.01 of this Code.

(m) Interference with Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. Applications for the erection of telecommunication antennas shall include a statement from a professional engineer licensed by the State of Minnesota that the antennas will not interfere with public safety telecommunications. Applications for the erection of telecommunication antennas that will use a frequency band with the highest potential to interfere with public safety telecommunications (150-174 MHz or 806-870 MHz) shall be accompanied by an intermodulation study when the antennas are proposed within one half mile of a public safety antenna site. Applications for the erection of telecommunication antennas that will use frequency bands with lower potential to interfere with public safety telecommunications shall be accompanied by an intermodulation study when the antennas are proposed within 100 horizontal feet of an existing public safety antenna site. Intermodulation studies shall provide a technical evaluation of existing and proposed transmissions and indicate all potential interference problems. The intermodulation study shall include all provided public safety frequencies, all registered frequencies within one mile of the site, and shall reference the latitude and longitude coordinates of the site. If the intermodulation study reveals the potential for interference or if interference materializes after antenna installation, the City may require special filtering. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the City at least ten calendar days in advance of such changes and allow the City to monitor interference levels during the testing process.

(n) Additional Submittal Requirements. In addition to the information required elsewhere in this Code, development applications for towers shall include the following supplemental information:

(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 that 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) includes other information necessary to evaluate the request.

(2) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(3) Before the issuance of a building permit, the following supplemental information shall be submitted:

A) Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and,

B) a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards.

(o) Violations. Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor.

(p) Maintenance. Tower and antenna finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint, or other blemish.

(q) Antenna Design and Mounts. Applicants shall use antennas designs and mounts that minimize visual impact.

(Added by Ord. No. 96-25, 7-1-96; amended by Ord. No. 98-17, 4-20-98; Ord. No. 2001-20, 6-18-2001)

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ARTICLE I. GENERAL PROVISIONS

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Division B. Definitions

SEC. 19.03. DEFINITIONS.

The following words and terms when used in this Chapter shall have the following meanings unless the context clearly states otherwise:

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Antenna- Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Commercial Wireless Telecommunication Services- Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Public Utility- Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

Tower- Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Tower, Multi-User- A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Tower, Single-User- A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code.

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ARTICLE IV. DISTRICT REGULATIONS

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SEC. 19.47. HEIGHT.

(a) Purpose - The purpose of Section 19.47 is to regulate the height of structures in order to maintain the character and scale of the predominant single-family residential development in the City of Bloomington.

(b) Definitions -

(1) Protected residential property - any property within the City that meets all of the following requirements:

(A) The property is zoned R-1, R-1A, or RS-1 and the property may or may not also have a Planned Development (PD) Overlay classification;

(B) The property is guided by the Comprehensive Plan for Low-Density Residential, Medium-Density Residential, or High-Density Residential; and

(2) Designated residential property - any property within the City that meets all of the following requirements:

(A) The property is zoned for residential use and the property may or may not also have a Planned Development (PD) Overlay classification;

(B) The property is guided by the Comprehensive Plan for Low-Density Residential, Medium-Density Residential, or High-Density Residential; and

(3) Structure height -

(A) Buildings - the height of buildings shall be determined using 2 methods and both methods must comply with the restrictions of Section 19.47(c) of the City Code.

(i) the number of stories shall be determined by counting the total number of above-grade, habitable floors in the building and shall not include walk-out basements, attics, or underground parking;

(ii) the height of buildings shall be determined by measuring the vertical distance from the lowest exterior grade of the building to the ceiling of the highest habitable story of the building. Habitable stories with sloped ceilings shall be measured to the base of the slope.

(B) Parking structures - the height of parking structures shall be determined by measuring the vertical distance from the lowest exterior grade of the parking structure to the highest point of the permanent structure.

(C) Towers - the height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions of Section 19.47.

(D) Other structures - the height of all other structures shall be determined by measuring the vertical distance from the lowest exterior grade of the structure to the highest point of any part of the structure.

(E) The final determination of height shall be made by the Issuing Authority in accordance with the guidelines of Section 19.47(b)(2)(A), (B), and (C) of the City Code.

(1) Buildings and Structures Other Than Towers.

(A) In all single-family residential zoning districts (R-1, R-1A, RS-1) the maximum height of any building shall be 2 stories and the maximum height of any structure, including buildings, shall be 30 feet;

(B) In all other zoning districts, the maximum height of any building or structure, excluding towers, shall be as follows:

Distance of Building or Structure from the Property Lines of any Protected Residential Property

	0-30 feet	31-300 feet	301-600 feet	over 600 feet
Maximum Height:	2 stories/30 ft.	3 stories/40 ft.	80 ft.	no limit

(2) Towers.

(A) In all designated residential property the maximum height of any tower, including all antennas and other attachments, shall be 30 feet;

(B) In all residential zoning districts other than designated residential property, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each four feet the tower is setback from designated residential property up to a maximum height of 75 feet.

(C) In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each two feet the tower is setback from designated residential property up to a maximum height of 75 feet in non-industrial zoning districts and 100 feet in industrial zoning districts.

(d) Applicability -

(1) In all zoning districts, the maximum height of any structure, building, or portion thereof, other than towers, 600 feet or greater from any protected residential property shall not be governed by Section 19.47 of this Code. The height of antenna mounting structures in the public right-of-way shall be governed by Chapter 17, Article IV of the Code rather than by Section 19.47.

(2) Exceptions - The requirements of Section 19.47 of this Code shall apply to all structures and developments otherwise permitted under this Code except:

(A) planned developments, when approved as part of a preliminary and final development plan pursuant to Section 19.38.01 of this Code.

(B) public utility structures, including but not limited to water towers, antennas, lights and signals, power and telephone poles, public safety radio towers, and poles supporting emergency warning devices. When a public utility structure is extended or replaced to accommodate the co-location of a commercial wireless telecommunication service facility, such extension shall comply with the requirements of this Section.

(D) multi-user towers may exceed the height limitations of Section 19.47 by up to 20 feet.

(E) in accordance with the Federal Communications Commission's preemptive ruling PRB1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height provided that a determination is made by the Planning Manager that the proposed tower height is technically necessary to successfully engage in amateur radio communications.

(e) Noncompliance - Noncompliance of characteristics of structures and site development created by the application of Section 19.47 of this Code shall not in any manner limit the legal use of the property, nor in any manner limit the repair, maintenance, or reconstruction of a noncomplying characteristic or feature; however, in no instance shall the degree of noncompliance be increased except as otherwise permitted by this Code.

(Code, 1958 S 8.08; Added by Ord. No. 54, 12-18-61; Ord. No. 90-42, 9-10-90; Ord. No. 96-25, 7-1-96; Ord. 98-2, 1-5-98; Ord. No. 2001-20, 6-18-2001)

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ARTICLE III. DISTRICT USES

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SEC. 19.27. SINGLE FAMILY RESIDENTIAL (R-1A, R-1) DISTRICTS.

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(12) Towers supporting amateur radio antennas. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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(d) Conditional uses -

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(38) Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.27.01. LARGE LOT SINGLE FAMILY RESIDENTIAL DISTRICT RS-1.

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(b) Uses

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(2) Permitted Accessory Uses

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I. Towers supporting amateur radio antennas. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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(3) Conditional Uses -

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P. Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.28.01. MULTIPLE-FAMILY RESIDENTIAL (RM-12) DISTRICTS.

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(d) Conditional uses -

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(8) Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.28.02. MULTIPLE-FAMILY RESIDENTIAL (RM-24) DISTRICTS.

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(d) Conditional uses -

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(7) Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.28.03. MULTIPLE-FAMILY RESIDENTIAL (RM-50) DISTRICTS.

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(d) Conditional uses -

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(6) Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.30. LIMITED BUSINESS (B-1) DISTRICTS.

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(d) Conditional uses -

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(13) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.31. RETAIL BUSINESS (B-2) DISTRICTS.

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(d) Conditional uses -

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(30) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.31.01. REGIONAL COMMERCIAL (CR-1) DISTRICTS.

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(d) Conditional uses -

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(6) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.32. GENERAL BUSINESS (B-3) DISTRICTS.

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(d) Conditional uses -

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(8) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.33. INDUSTRIAL (I-1, I-2, AND I-3) DISTRICTS.

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(d) Conditional Uses -

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(28) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.33.01. INDUSTRIAL PARK (IP) DISTRICT.

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(d) Conditional Uses -

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(8) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.34. FREEWAY DEVELOPMENT (FD-1 AND FD-2) DISTRICTS.

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(d) Conditional uses -

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(25) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.35. INSTITUTIONAL (IN-1) DISTRICTS.

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(d) Conditional uses -

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(9) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.37. CENTRAL BUSINESS (CB) DISTRICT.

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(d) Conditional uses -

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(14) Towers For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.40.06. MIXED USE DISTRICT CX-2.

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(d) Conditional uses -

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(20) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.40.07. COMMERCIAL SERVICE DISTRICTS CS-0.5 AND CS-1.

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(d) Conditional uses -

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(16) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.40.07.01. HIGH INTENSITY MIXED USE DISTRICT HX-2.

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(5) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.40.08. COMMERCIAL OFFICE DISTRICTS CS-0.5 AND CO-1.

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(d) Conditional uses -

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(13) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.40.08.01 COMMERCIAL-OFFICE/MIXED USE DISTRICT CO-2.

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(d) Conditional uses -

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(16) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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SEC. 19.40.09. RESIDENTIAL OFFICE DISTRICT RO-24 AND RO-50.

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(d) Conditional uses -

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(6) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code.

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CHAPTER 15: BUILDINGS AND STRUCTURES

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ARTICLE I. BUILDING CODE

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SEC. 15.14. CONSTRUCTION AND MAINTENANCE OF ANTENNAE AND SUPPORTING TOWERS.

(a) Definitions. The following words and terms, when used in this Section, shall have the following meanings unless the context clearly indicates otherwise:

Antenna -Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Tower - Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

(b) Permits.

(1) It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, replace, or repair any tower without first making application to the Building and Inspection Division and securing a permit therefore as hereinafter provided.

(2) The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

(3) Permits are not required for:

(A) Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor.

(B) Antennae and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that all requirements of Subsection (d) are met, with the exception of (d)(3)(C) which is waived. Temporary antennae shall be removed within 72 hours following installation.

(d) Construction Requirements. All antennae and towers erected, constructed, or located within the City, and all wiring therefore, shall comply with the following requirements:

(1) All applicable provisions of this Code.

(2) Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association.

(3) Any antenna or antenna mounting structure, or part thereof placed in the public right-of-way as defined in Chapter 17 of the City Code must receive an appropriate right-of-way permit issued through the Public Works Department and must comply with the requirements in Chapter 17, Article IV of the City Code.

(4) Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

(5) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

(6) Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

(7) All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration.

(8) Antennae and towers shall not be erected in any protected residential parcel as defined in Section 19.47 of this Code in violation of the following restrictions:

(A) Notwithstanding the provisions of Section 19.47 of the Zoning Code, the required setback for antenna and tower not rigidly attached to a building, shall be equal to the height of the antenna and tower. Those antennae and towers rigidly attached to a building, and whose base in on the ground, may exceed this required setback by the amount equal to the distance from the point of attachment to the ground.

(B) No tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet.

(C) Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances.

(9) All towers erected within the City must conform to the applicable performance standards in Section 19.63.05 of this Code.

(e) Existing Antennae and Towers. Antennae and towers in residential districts and in existence as of March 15, 1973 which do not conform to or comply with this Section are subject to the following provisions:

(1) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Section.

(2) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefore, but without otherwise complying with this Section, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this Section.

(f) Lights and Other Attachments. No antenna or tower in any protected residential parcel as defined in Section 19.47 of this Code shall have affixed or attached to it in any way except during time of repair or installation any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

(g) Number of Towers and Antennae. Only one tower shall exist at any one time on any one protected residential parcel as defined in Section 19.476 of this Code.

(h) Inspections. All towers may be inspected at least once each year by an official of the Building and Inspection Division to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this Section.

Notice of violations will be sent by registered mail to the owner and he will have 30 days from the date the notification is issued to make repairs. The owner will notify the Building and Inspection Division that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.

(i) Violations. Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor.

(j) Interpretation. It is not the intention of this Section to interfere with, abrogate, or annul any covenant or other agreement between parties, provided, however, where this Section imposes a greater restriction upon the use or premises for antennae or towers than are imposed or required by other ordinances, rules, regulations, or permits, or by covenants or agreements, the provisions of this Section shall govern.

(Code, 1958 SS 193.01 - 193.13; Added by Ord. No. 73-14, 3-12-73; Amended by Ord. No. 96-25, 7-1-96; Ord. No. 2001-20, 6-18-2001)

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CHAPTER 17: STREETS AND RIGHTS-OF-WAY

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ARTICLE IV. RIGHT-OF-WAY MANAGEMENT

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SEC. 17.65. DEFINITIONS.

The following words, terms and phrases, as used herein, have the following meanings:

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Wireless Telecommunication Facility - a tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables, and attachments.

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SEC. 17.68. PERMIT REQUIREMENT.

(a) Permit Required. Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way without first having been issued the appropriate right-of-way permit pursuant to this Section.

(1) Excavation Permit. An excavation permit is required by the registrant to excavate that part of the right-of-way described in each permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities therein, to the extent and for the duration specified in the permit.

(2) Obstruction/Aerial/Interduct Permit. An obstruction/aerial/interduct permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein within the right-of-way, to the extent and for the duration specified in the permit. An obstruction/aerial/interduct permit is not required if a registrant has been issued a valid excavation permit for the same project.

(3) Pole Attachment Permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to an existing public utility structure in the public right-of-way. A pole attachment permit is not required if a registrant has been issued a valid excavation permit for the same project.

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SEC. 17.70. STANDARDS FOR CONSTRUCTION OR INSTALLATION.

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(d) Standards for Wireless Telecommunication Facilities.

(1) Purpose. The City of Bloomington desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the City also strives to avoid unnecessary encumbrances within the public right-of-way. The City allows and regulates wireless telecommunication facilities outside of the public right-of-way through performance standards and height limits. The purpose of this Section is to regulate wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety, and right-of-way flexibility concerns.

Public rights-of-way are appropriate locations for wireless telecommunication facilities that present minimal impacts (i.e. small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground mounted equipment). Wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way and that require ground mounted equipment are more appropriately sited outside the public right-of-way in accordance with adopted performance standards (Section 19.63.05 of this Code). However, the City recognizes that as wireless technology advances, some residential areas of the City may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In such areas, where no alternative non-right-of-way locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public right-of-way subject to the requirements of this Section which are meant to protect the public health, safety, and welfare.

(2) Wireless Telecommunication Facilities as Pole Attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the right-of-way after issuance of a pole attachment permit:

(A) The wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility.

(B) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent.

(C) The wireless telecommunication facility shall not be larger than three (3) cubic feet and shall have no individual surface larger than four (4) square feet.

(D) The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one half (2 1/2) feet, except that an antenna one half inch in diameter or less may extend an additional six inches.

(E) The wireless telecommunication facility shall include no ground mounted equipment.

(F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of Section 19.63.05(m) of this Code.

(G) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at City request subject to the provisions of this Article.

(H) The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure.

(3) Wireless Telecommunication Facilities as Pole Extensions or with Ground Mounted Equipment. Wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit:

(A) The applicant shall demonstrate to the satisfaction of the Planning Manager or designee that the wireless telecommunication facility cannot be placed in a Code complying location outside the right-of-way within one quarter (1/4) mile of the proposed location.

(B) The replacement public utility structure, including lightening rods and all other attachments, shall not exceed the height of the existing public utility structure by more than fifteen (15) feet. Once the height of a public utility structure has been increased under the provisions of this Section, the height shall not be further increased.

(C) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than fifty (50) percent.

(D) The wireless telecommunication facility shall not extend outward from the public utility structure by more than two (2) feet.

(E) If feasible and desirable, as determined by the Planning Manager or designee, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color.

(F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of Section 19.63.05(m) of this Code.

(G) A pole attachment or excavation permit for a wireless telecommunication facility that has ground mounted equipment will be issued only if the Issuing Authority finds the following:

(i) the ground mounted equipment will not disrupt traffic or pedestrian circulation;

(ii) the ground mounted equipment will not create a safety hazard;

(iii) the location of the ground mounted equipment minimizes impacts on adjacent property; and,

(iv) the ground mounted equipment will not adversely impact the health, safety, or welfare of the community.

(H) Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards:

(i) be set back a minimum of ten (10) feet from the edge of street or curb line;

(ii) be separated from a sidewalk by a minimum of three (3) feet;

(iii) be set back a minimum of fifty (50) feet from the nearest intersecting right-of-way line;

(iv) be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground;

(v) if located adjacent to residential uses, ground mounted equipment shall be limited to three (3) feet in height above grade and twenty seven (27) cubic feet in cumulative size;

(vi) if located adjacent to non-residential uses, ground mounted equipment shall be limited to five (5) feet in height above grade and eighty-one (81) cubic feet in cumulative size;

(vii) ground mounted equipment located outside the public right-of-way shall conform with the requirements of Section 19.63.05(j) of this Code; and

(viii) vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the Planning Manager or designee.

(I) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at City request subject to the provisions of this Article.

(4) New Poles. The erection in the right-of-way of a new pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject to the requirements of this Section.

(5) Charges. In addition to the permit fees outlined in Chapter 14, the City reserves the right to charge telecommunication providers for their use of the public right-of-way to the extent that such charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public right-of-way.

(Added by Ord. No. 98-54, 11-16-98; Amended by Ord. 2001-20, 6-18-2001)

For more information, contact:

Planning Division
PH: 952-563-8920, FAX: 952-563-8949
E-mail: planning@ci.bloomington.mn.us

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