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.

 

SECTION 10.08 -

 

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.

 

 

SECTION 3 - DEFINTIONS

 

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. 

 

SECTION 10.08 -

 

TELEVISION AND RADIO ANTENNA

 

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-4 Fringe 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.

 

Subd. 11.  Additional Submittal Requirements.  In addition to information listed elsewhere in this Section, conditional use permit 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 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