Agenda - Planning Commission - 07/27/2023

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1 b. An evaluatie-n-ef "imminent danger" means that the hazard to the public is immediate. lithe 2 property owner cannot be contacted or refuses to remove thc hama-td, the city will initiate 3 action immediately. 4 •c. An evaluation of "potentially dangerous" means that a hazard to thc public will exit in the 5 near future. The property owner will bc notified and should remove thc future hated aJ See-FF 6 as possible: 7 Requirements of this on may bc waived by thc city for a prefect in which at Icast 75 percent of thc 8 1-a-td has already received a permit initiating caring or grading activities prior to thc effective date of thc 9 erdinancc from w4#ch this division is derived. 10 {1) The provisions e-f this division are Rot intended to prohibit ag i-culturc, silviculture, horticulture, or 11 nursery operations within the city. 12 {2) The provisions of this division arc intended to prevent the sprcad of disease or infestation of trees 13 within the city. Authorization may bc obtained to remove certain trees to prevent thc transmissien 14 of disease or infestation and —to alleviate potentially hazardous trees that may —cause injury to 15 persons or property. 16 17 370 Communications Towers 18 (A) Purpose. In order to accommodate the communication needs of residents and business while 19 protecting the public health, safety, and general welfare of the community, the council finds that 20 these regulations are necessary in order to: 21 (1) Facilitate the provision of wireless telecommunication services to the residents and 22 businesses of the city; 23 (2) Minimize adverse visual effects of towers through careful design and siting standards; 24 (3) Avoid potential damage to adjacent properties from tower failure through structural 25 standards and setback requirements; and 26 (4) Maximize the use of existing and approved towers and buildings to accommodate new 27 wireless telecommunication antennas in order to reduce the number of towers needed to 28 serve the community. 29 (B) Towers in residential zoning districts. Construction of towers to support commercial antennas that 30 conform to all applicable provisions of this Code may be allowed only the following locations: 31 (1) Parcels within the Tower Overlay District as shown on the official zoning map. 32 (2) All churl religious institution, government, school, utility, and institutional sites 33 (3) If the proposed tower is to be located within a residential district, documentation must be 34 included in the application that demonstrates that the tower cannot be reasonably located 35 within a commercial, industrial, or public/quasi-public zoning district. 36 (C) Towers in CDR and Mississippi River Corridor Critical Area Overlay Zoning Districts. Construction of 37 towers to support commercial antennas shall not be allowed in Town Center and Critical River 38 Overlay Zoning Districts, except that antennas may be attached to existing structures provided the 39 antenna does not extend more than 20 feet above the highest point of the structure or tower. 40 D) Towers in the H 1 Highway 10 Business District. Construction of towers to support commercial 41 antennas shall not be allowed in the H 1 Highway 10 Business District. Antennas may not be 42 constructed on existing structures in the H 1 District 43 (E) Collocation requirements. All commercial wireless telecommunication towers erected, constructed, 44 or located within the city shall comply with the following requirements: 45 (1) A proposal for a new commercial wireless telecommunication service tower shall not be 46 approved unless the city council finds that the telecommunications equipment planned for 47 the proposed tower cannot be accommodated on an existing or approved tower or building 48 within a one -mile search radius of the proposed tower due to one or more of the following 49 reasons: Page 51 of 160