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City of Nowthen

Section · ZONING ORDINANCE

Ch.11 § 8-10

Verified

Canonical: Nowthen.CityCode.Ch11.§8-10

ZONING ORDINANCE · ABANDONDED OR UNUSED TOWERS OR PORTIONS OF TOWERS: Abandoned or unused towers or portions of towers shall be removed as follows

A. 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 City Council. A copy of the relevant portions of a signed lease, easement, or other conveying instrument 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 <!-- PageNumber="11-231" --> <!-- PageBreak --> facilities may be removed by the City and the costs of removal assessed against the property. B. Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. (Ordinance #3, November 9, 2010) 11-8-11: ANTENNAS MOUNTED ON ROOFS, WALLS AND EXISTING TOWERS: The placement of wireless telecommunication antennas on roofs, walls, and existing towers shall be approved by issuance of a conditional use permit in the same manner as approval of new towers. (Ordinance #3, November 9, 2010) 11-8-12: INTERFERENCE WITH TELECOMMUNICATIONS: No new or existing telecommunications service shall interfere with public safety telecommunications, or private telecommunications, including without limitation, radio, television, and personal communications, in accordance with rules and regulations of the Federal Communications Commission. (Ordinance #3, November 9, 2010) 11-8-13: ADDITIONAL SUBMITTAL REQUIREMENTS: In addition to the information required elsewhere in this code, development applications for towers antennas shall include the following supplemental information: A. A report from a qualified professional engineer licensed by the state of Minnesota with (1) describes the tower and antenna height and design including a cross section and elevation; (2) documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;(3) describes the tower's capacity, including the number and type of antennas that it can accommodate; and (4) includes an engineer's stamp and registration number. B. 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, including without limitation, reasonable rental rates for such shared use. C. Before the issuance of a building permit, the following supplemental information shall be submitted: (1) a written statement from the applicant that the proposed tower and antenna comply with regulations administered by Federal Aviation Administration. <!-- PageNumber="11-232" --> <!-- PageBreak --> D. A written statement from a qualified licensed engineer licensed by the state of Minnesota stating that use of the proposed tower and antenna will not interfere with established telecommunications. (Ordinance #3, November 9, 2010) 11-8-14: CONSTRUCTION REQUIREMENTS: All antennas and towers erected, constructed, or located within the City, and all wiring therefore, shall comply with the following requirements: A. All applicable provisions of this Code. B. Towers shall be certified by a qualified professional engineer licensed by the state of Minnesota to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association. C. 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. D. 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 six and one-half feet above the ground at all points, unless buried underground. E. Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons by erection of a security fence at least six feet in height. (Ordinance #3, November 9, 2010) 11-8-15: EXISTING ANTENNAS AND TOWERS: Antennas and towers in existence as of July 1, 1997, which do not conform to or comply with this Section are subject to the following provisions: A. 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. B. 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 fifty 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. (Ordinance #3, November 9, 2010) <!-- PageNumber="11-233" --> <!-- PageBreak --> 11-8-16: LIGHTS AND OTHER ATTACHMENTS: No antenna or tower adjacent to any residential zoning district 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. This provision shall not prohibit the attachment of an antenna mounting framework to any tower. (Ordinance #3, November 9, 2010) 11-8-17. VIOLATIONS: Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor. (Ordinance #3, November 9, 2010) <!-- PageNumber="11-234" --> <!-- PageBreak --> # SECTION 9 WIND ENERGY SYSTEMS <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>11-9-1</td> <td>Purpose and Intent</td> </tr> <tr> <td>11-9-2</td> <td>Wind Energy Systems</td> </tr> <tr> <td>11-9-3</td> <td>Alternative Energy Systems</td> </tr> </table> 11-9-1: PURPOSE AND INTENT: To establish standards and procedures by which the installation and operation of alternative energy systems shall be governed and to encourage alternative energy sources that have a positive impact on energy production and conservation while not having an adverse impact on the community.

Amendment history

No amendments recorded for this section yet. Admin review will populate this from minutes & agenda packets.