SECTION 1226.01  PURPOSE:

The purpose of this section is to establish predicable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communicating systems within the City of Sunfish Lake while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare.

SECTION 1226.02  GENERAL STANDARDS:

The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna.

A. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Council.

B. All antenna shall be in compliance with all City building and electrical code requirements and as applicable shall require related permits.

C. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer’s specifications and shall be verified and approved by a registered professional engineer.

D. Unless  the  antenna/antenna  support  structure  and  land  is  under  the  same ownership, written authorization for antenna erection shall be provided by the property owner.

E.       No advertising message shall be affixed to the antenna structure.

F. The  height  of  the  antenna  shall  be  the  minimum  necessary  to  function satisfactorily, as   verified   by   an   electrical   engineer   or   other   appropriate professional.

G. Antennas  shall  not  be  artificially  illuminated  unless  required  by  law  or  by  a governmental agency to protect the public’s health and safety.

H. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses.

I. If a new antenna support structure is to be constructed, it shall be designed so as to accommodate other users including but not limited to other personal wireless service companies, local police, fire and ambulance companies.

J. Antenna support structures  under  two  hundred  (200)  feet  in  height  shall  be painted silver or have a galvanized finish to reduce visual impact, unless otherwise allowed by federal law.

K. Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from sub-paragraphs C, F, and I above, and must comply with Subd. L. below.

L. Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of that tower model.  Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or 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 manufacturers specifications.

SECTION 1226.03  ACCESSORY AND SECONDARY USE ANTENNAS:

The following standards shall apply to all accessory and secondary use antennas including  radio  and  television  receiving  antennas,  satellite  dishes,  TVROs  two  (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers.

A. Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines.

B. Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines.

C. Accessory  or  secondary  use  antennas  and  necessary  support  structures, monopoles or towers may extend a maximum of fifteen (15) feet above the normal height restriction for the affected zoning district, except support structures

and antennas used in the amateur radio service may extend a maximum of seventy (70) feet above  grade,  as  defined  in  this  Ordinance,  in  any  zoning district.

D. The installation of more than one (1) support structure per property shall require the approval of a conditional use permit.

SECTION 1226.04  PERSONAL WIRELESS SERVICE ANTENNAS:

Personal wireless service antennas shall be allowed in the INS, Institutional District of the City subject to the following standards as may be applicable:

A. Antennas Located Upon A Public Structure.  Personal wireless service located upon a public structure shall be processed in accordance with the provisions of Section 1208.03 of this Ordinance (minor site plan review) and comply with the following standard.

1. 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 in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

B. Antennas  Not  Located  Upon  A  Public  Structure.    Personal  wireless  service antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:

1. The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse, capacity and spacing needs of the wireless communication system and to provide adequate coverage.

2. The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached.

15 3.       If  no  existing  structure  which  meets  the  height  requirements  for  the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that:

a. The pole not exceed seventy-five (75) feet in height.

b. The setback of the pole from the nearest residential structure is not less than the height of the antenna.   Exceptions to such setback may  be  granted  if  a  registered  structural  engineer  specifies  in

writing  that  any  collapse  of  the  pole  will  occur  within  a  lesser distance under all foreseeable circumstances.

c. The setback of the pole from adjacent private properties is not less than the height of the antenna.

d. The pole is at least 400 feet away from any other pole supporting personal wireless service antennas.

e. The lot on which the pole is to be located is at least two and one- half (2 2) acres in size.

f. The number of poles supporting personal wireless service antennas shall not exceed one per lot.

g. No company providing wireless communications service or antenna locations shall have more than two poles supporting personal wireless service antennas in the City.

15 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 screened  from  view  by  landscaping  where  appropriate  and  shall  be situated in the rear yard of the principal use unless the City Council finds that another location would have less impact on adjacent residential properties.

5. Unless the antenna is mounted on an existing structure, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure.

6. The conditional use permit provisions of Section 1204 of this Ordinance are considered and determined to be satisfied.

SECTION 1226.05  SATELLITE DISHES:

A. Residential District Standards.   Single satellite dish TVROs greater than one (1) meter in diameter located within the R-1, Single Family Residential zoning district of the City shall require the processing of a conditional use permit and shall comply with the following standards:

1. All accessory and secondary use provisions of Section 1226.03 of this

Ordinance are satisfactorily met.

2. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained within the limits of the property ownership.

3. Except  where  the  antenna  is  screened  by  a  structure  exceeding  the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

4. The satellite dish antenna is not greater than three (3) meters in diameter.

5. The conditional use permit provisions of Section 1204 of this Ordinance are considered and determined to be satisfied.

B. Institutional District Standards.     Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters located within the INS, Institutional zoning district of the City shall require the processing of a conditional use permit and shall comply with the following standards:

1. All accessory and secondary use provisions of Section 1226.03 of this

Ordinance are satisfactorily met.

2. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership.

3. Except  where  the  antenna  is  screened  by  a  structure  exceeding  the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

4. The conditional use permit provisions of Section 1204 of this Ordinance are considered and determined to be satisfied.

SECTION 1226.06  COMMERCIAL AND PUBLIC RADIO AND TELEVISION TRANSMITTING ANTENNAS, AND PUBLIC UTILITY MICROWAVE ANTENNAS:

Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards:

A. Such antenna shall be considered an allowed conditional use within the INS, Institutional District of the City and shall be subject to the regulations and requirements of Section 1204 of this Ordinance.

B. The antennas, transmitting towers, or array of towers shall be located on a continuous  parcel  having  a  dimension  equal  to  the  height  of  the  antenna,

transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

C. Unless the antenna is mounted on an existing structure, a fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure and other equipment.