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Home My WebLink About1997-07 06-09 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of June 1997, at 7 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider amending Chapter 35 of the City ordinances regarding telecommunications towers and telecommunications facilities. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. ORDINANCE NO. �7-07 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING TELECOMMUNICATIONS TOWERS AND TELECOMMUNICATIONS FACILITIES THE CITY COUNCIL OF THE CITY OF BROOKI,YN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is amended in the following manner: Section 35-900. Definitions Antenna Support Structure anv buildin� or other structure 75 ft. in hei�ht or taller other than a telecomnlunications tower which can be used for location of telecommunications facilities. Co-Location the location of wireless telecommunications eauinment from more than one nrovider on one common tower� buildin� or structure. Stealth anv telecommunications tower or telecommunications facilitv which is desi�ned to blend into the surroundin� environment. Telecommunications Facilities Cables. wires. lines. wave �uides. antennae and other eauinment or facilitv associated with the transmission or recention of communications which a nerson seeks to locate or install unon or near a tower or antenna sunnort structure. The term Telecommunications Facilities shall not include: a. Anv satellite earth station two meters in diameter or less which is lacated in an area zoned industrial or commercial: b. Anv satellite earth station antenna one meter or less in diameter, -1- ORDINANCE NO. �7-07 re�ardless of zonin� cate�orv: c. Amateur radio onerators eauinment as licensed bv the Federal Communications Commission (FCCI Telecommunications Tower A self sunnortin� �uved or mono-nole structure constructed from �rade which sunnorts telecommunications facilities. This term shall not include amateur radio onerator eauinment. as licensed bv the FCC or lattice desi�ned towers. Section 2. Chapter 35 of the City Ordinances of the City of Brooklyn Center is amended by adding the following section: Section 35-415. SPECIAL REOUIREMENTS FOR TELECOMMUNICATIONS TOWERS AND TELECOMMUNICATIONS FACILITIES Telecommunications towers and telecommunications facilities mav pose particular nroblems in achievin� comnatibilitv with abuttin� and adiacent land uses. Because of this the Citv nronoses to re�ulate the nlacement. construction and modification of telecommunications towers and telecommunications facilities in order to nrotect the health. safetv and welfare of the nublic while at the same time not unreasonablv interferin� with the develonment of comnetitive wireless telecommunications in the Citv. Snecificallv this section of the zonin� ordinance nronoses to re�ulate the location of telecommunications towers and telecommunications facilities to nrotect residential areas from notential adverse imnacts. to nromote and encoura�e shared use or co-location of telecommunications towers and antenna sunnort structures and to a�oid notential dama�e to nronertv caused bv these facilities bv insurin� such structures are soundlv and carefullv desi�ned. constructed. modified. maintained and removed when no lon�er used. It is herebv determined that these obiectives can be achieved bv imnlementin� the followin� reauirements: 1. Telecommunications towers shall be a nermitted use of land in the C- lA. C-2. I-1 and I-2 zonin� districts. No telecommunication tower shall be built. erected or constructed unon anv narcel of land in the zonin� districts set forth above unless a buildin� nermit shall have been issued bv the Citv's Buildin� OfficiaL 2. Telecommunications towers are exemnt from the maximum hei�ht restrictions of the districts where thev are located_ however. these towers -2- ORDINANCE NO. 97-�7 shall not be nermitted to exceed the hei�ht authorized in the airoort safetv zones established for the Crvstal Airnort. 3. No telecommunications tower shall be built. constructed or erected in the Citv unless such tower is canable of sunnortin� other telecommunications facilities comnarable in wei�ht. size. and surface area. 4. Telecommunications towers are nrohibited on nronertv the use of which includes the stora�e. distribution. or sale of volatile. flammable. exnlosive or hazardous materials such as LP �as. nronane_ �asoline, natural �as, and corrosive or dan�erous chemicals. 5. All telecommunica�ions towers shall be setback on all sides a distance eaual to the setback reauirement ior structures in the annlicable zonin� district. Said towers mav not be Iocated in a front vard or side corner vard between a nrin�inal structur� and a nublic street. 6. All telecommunica'rions towers �nust be desi�ned and certified bv an En�ineer to be structurallv sound �nd. at minimum. in conformance with the Minnesota State Buildin� Code and all other construction standards set forth bv Citv re�ulation and Federal and State law. 7. Telecommunications towers shall be senarated from residentiallv zoned lands bv a minimum distance of twice the hei�ht of the nronosed tower. 8. Telecommunications towers shall �ot be artificiallv li�hted excent when reauired bv the Federal Aviation Administration (FAAI. 9. Telecommunications towers not reauirin� FAA naintin� or markin� shall have an exterior finish of stealth dlesi�n. 10. Anv fences constructed around or unon narcels containin� telecommunications towers. antenna sunnort structures or telecommunications facilities shall be constructed in accordance with screenin� reauirements in the ar�nlicable zonin� district unless more strin�ent fencin� reauirements are reouired bv FCC re�ulations. No barbed or razor wire fencin� is allowed. 11. Landscanin� on narcels containin� telecommunications towers. antenna sunnort structures or telecommuni�,ations facilities must be in accordance with th� landscane noint svstem develoned bv the Plannin� Commission. -3- ORDINANCE NO. 97-07 Utilitv buildin�s and structures accessorv to a tower must be desi�ned to blend in with the surroundin� environment and to meet setback reauirements as nrovided for in the annlicable zonin� district. Ground mounted eauinment must be screened from view bv suitable ve�etation or other screenin� device. 12. No telecommunications tower. o� nortion thereof. shall be used for the nostin� of si�ns or advertisin� other than reauired warnin� si�ns. Said si�ns must be in comnliance with the Si�n Ordinance. 13. All telecommunications towers. telecommunications facilities and antenna sunnort structures shall at all times be kent and maintained in �ood condition. order and renair so that the same shall not be a dan�er to the nublic. 14. Anv telecommunications facilities which are not attached to a telecommunications tower mav be nermitted as an accessorv use to anv antenna sunnort structure at least 75 ft. tall re�ardless of the zonin� restrictions annlicable to the zonin� district where the structure is located. The telecommunications facilitv and antenna sunnort structure must comnlv with the nrovisions of the Minnesota State Buildin� Code. No such structure or facilitv shall be built. constructed or erected without first havin� obtained a buildin� nermit from the buildin� official. 15. Telecommunications facilities are nermitted unon Citv-owned water towers nrovided an annroved lease a�reement with the Citv has been executed and a buildin� nermit from the Buildin� Official has been obtained. 16. Anv telecommunications tower. telecommunications facilitv and/or antenna sunbort structure that is not used for telecommunications nurnoses for one vear shall be deemed abandoned and the nronertv owner shall remove the tower facilitv and/or antenna in the same manner and �ursuant to the brocedures as for dan�erous or unsafe structures established bv Minnesota Statutes_ Section 463.15 throu�h 463.26. If the owner fails to remove the towPr facilitv and/or antenna after one vear. it mav be removed bv the Citv with costs of such removal assessed a�ainst the nronertv owner of the site. Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. -4- ORDINANCE NO. 97-07 Adopted this 9th day of ,T„n� 1997. Mayor i ATTEST: ��/Ldx- Clerk Date of Publication Juc�e 18 1997 Effective Date Julv lf� 7 9�37 (Brackets indicate matter to be deleted, underline indicates new matter.) -5-