AN ORDINANCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA PROVIDING THAT THE CITY CODE BE AMENDED BY CHAPTER 24, ZONING, ARTICLE VI – SUPPLEMENTAL PERFORMANCE STANDARDS, SECTION 24-313-324, ANTENNAS AND TOWERS
THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN:
1810.01 That language be added to Chapter 24, Zoning, Article VI, Supplemental Performance Standards, Section 24-314 of the City Code as follows:
Sec. 24-314. Purpose and intent.
(8) When selecting freestanding sites, the following requirements shall be followed:
a) Locations for wireless communication antennas as permitted uses.
Co-location on existing telecommunication monopoles or towers
Roofs of buildings over three (3) stories
Sides of buildings over two (2) stories
Existing power or phone pole corridors
Public streets and rights-of-way where attached to, or part of a public
b) Land uses for monopoles as interim conditional uses.
Residential parcels above 20 acres in size
Public Parks and Open Spaces above 20 acres in size
Existing monopoles as of November 12, 2008
Commercial Planned Unit Developments
c) Locations for monopoles as conditional uses
Church steeples, bell towers or like structures
1810.02 That language be added and deleted in Chapter 24, Zoning, Article VI, Supplemental Performance Standards, Section 24-315, of the City Code as follows:
Section 24-315. Existing antennas and towers.
Antennas and towers and accessory structures in existence as of November 12, 2008, which do not conform to or comply with this division 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 division.
(2) If such towers are 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.
1810.03 That language be added and deleted in Chapter 24, Zoning, Article VI, Supplemental Performance Standards, Section 24-318, of the City Code as follows:
Sec. 24-318. Interim conditional use permit.
(b) No person, firm or corporation shall erect a freestanding monopole, tower or accessory structure in any zoning district without obtaining an interim conditional use permit. Procedures for obtaining an interim conditional use permit are the same as outlined in article 2, division 3 of the Zoning Code.
(c) 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.
(d) Interim conditional use permits are not required for:
(1) Antennas and towers used by the city for city purposes.
(2) Adjustment, repair or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor.
(3) Antennas and/or towers erected temporarily for test purposes, for emergency communications. Temporary antennas shall be removed within seventy-two (72) hours following the termination of testing or emergency communications needs.
(4) Antennas mounted on water towers or on the side or on the roof of existing structures.
(5) Co-location on existing telecommunication towers
(6) Roofs of buildings over three(3)stories
(7) Sides of buildings over two(2)stories
(8) Existing power or phone pole corridors
(9) Public streets and rights-of-way where attached to, or part of a public utility structure.
(e) The fee to be paid for the interim conditional use permit shall be established by resolution.
1810.04 That language be added and deleted in Chapter 24, Zoning, Article VI, Supplemental Performance Standards, Section 24-319, of the City Code as follows:
Sec. 24-319. Construction requirements and area, setback and height restrictions.
(c) Antennas and towers shall not be erected in any zoning district in violation of the following restrictions:
(1) The antenna may be mounted on a single pole not to exceed seventy-five (75) feet in height, provided that the pole is located at least the height of the pole plus twenty-five (25) feet from the nearest residential dwelling unit. Co-located monopoles shall be subject to all setback and height provisions.
(2) Minimum land area for freestanding monopoles on vacant properties in residential districts shall be twenty (20) acres.
1810.05 That language be added and deleted in Chapter 24, Zoning, Article VI, Supplemental Performance Standards, Section 24-323, of the City Code as follows:
Sec. 24-323. Wireless telephone towers proposed to be located in residential zoned areas.
(3) If no existing structure which meets the height requirements for the antennas is available for mounting the antennas, the antennas may be mounted on a single pole not to exceed seventy-five (75) feet in height provided that the pole is located at least the height of the tower from the nearest residential structure, unless a qualified structural engineer shall specify in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances and a lesser setback is agreed to by the city council.
(4) 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 seventy-five (75) feet from the side or rear yard and shall be landscaped where appropriate.
In the event that a court of competent jurisdiction adjudges any part of this chapter to be invalid, such judgement shall not effect any other provision of this Chapter not specifically included within the judgement.
1810.07 Effective Date
This ordinance shall become effective upon its passage and publication according to law.
Passed and adopted by the City Council of the City of Woodbury, Washington County, Minnesota this 12th day of November, 2008.
William J. Hargis, Mayor
Clinton P. Gridley, City Administrator
The City of Woodbury is subject to Title II of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by public entities. The City is committed to full implementation of the Act to our services, programs, and activities. Information regarding the provisions of the Americans with Disabilities Act is available from the City Administrator's office at 651-714-3500. Auxiliary aids for disabled persons are available upon request at least 72 hours in advance of an event. Please call the ADA Coordinator, at 651-714-3500 (TDD 714-3568) to make arrangements.
(Published in the Woodbury Bulletin on Wednesday, November 19, 2008.)