1060.100: - TELECOMMUNICATIONS SERVICES — Corcoran Zoning Code

Subd. 1. Findings.

The City Council finds: The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act"), and subsequent revisions, grants the Federal Communications Commission exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum.

Consistent with the Act, the regulation of towers and telecommunications facilities in the City is not intended to have the effect of prohibiting any person from providing wireless telecommunications services. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and related facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this Ordinance are:

A. To regulate the location of telecommunication towers and facilities.
B. To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities.
C. To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques.

To promote and encourage shared use and co-location of telecommunication towers and antenna support structures.

E. To avoid damage to adjacent properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound.
F. To ensure that telecommunication towers and facilities are compatible with surround land uses.
G. To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in an orderly fashion.

Subd. 2. Development of Towers; Approvals Required.

A. Conditional Use. A tower is a conditional use in specified zoning districts within the City. A tower may not be constructed in those districts unless a conditional use permit has been issued by, and site plan approval obtained from, the City Council, and the building official has issued a building permit.
B. Administrative Permit. Co-location of additional antennas onto an existing tower and associated ground equipment may be granted by administrative permit. An administrative permit may be issued by City staff in accordance with the requirements of Section 1070.060 of the Zoning Ordinance.
C. Preferred Locations. If co-location is not feasible, the preference for location of new towers within the City is, in order of priority:
1. Existing public property.
2. Agricultural property.
3. Commercial/industrial property.
D. Applicant must demonstrate in writing, to the City's satisfaction, that a lower priority site location is necessary as part of the application. The City has no obligation to allow the use of City property for this purpose.

Subd. 3. Application Process.

A. A person desiring to construct a tower must submit an application for site plan approval and, for a conditional use permit, to the City Planner.
B. An application to develop a tower must include:
1. Name, address and telephone number of the applicant.
2. Name, address and telephone numbers of the owners of the property on which the tower is proposed to be located.
3. Written consent of the property owner(s) to the application.
4. Written evidence from an engineer that the proposed structure meets the structural requirements of this code.
5. Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower.
6. A copy of relevant portions of a lease signed by the applicant and property owner(s), requiring the applicant to remove the tower and associated telecommunications facilities upon cessation of operations on the leased site, or, if a lease does not yet exist, a written agreement to include such a provision in the lease to be signed.
7. An application fee established from time to time by resolution of the City Council.
8. Any other information that City Staff, Planning Commission or Council deem necessary to consideration of the application.
C. Administrative Costs and Expenses. In addition to the application fee, the applicant shall be responsible to pay for all administrative costs incurred by the City in their review process, including staff administrative time, legal, engineering, and any other consultant or expert fees deemed necessary by the City. The City, in its discretion may hire experts to assist in its review of any application and the applicant shall pay the cost of such expertise.
D. Council Action. Requests for site plan approval and conditional use permit approval will be processed contemporaneously, according to the provisions outlined in the Corcoran Zoning Ordinance.
E. Staff Action. Request for site plan approval and administrative permit for co-location onto existing towers or structures will be processed contemporaneously, according to the provisions outlined in the Corcoran Zoning Ordinance.

Subd. 4. Performance Standards.

A. Co-Location Capability. All equipment used for transmitting or receiving telecommunication, television, or radio signals shall be co-located on existing towers whenever possible. Unless the applicant presents clear and convincing evidence to the City Council that co-location is not feasible, a new tower may not be built, constructed or erected in the City unless the tower is capable of supporting at least two telecommunications facilities comparable in weight, size, and surface area to each other.

or radio signals shall be co-located on existing towers whenever possible. Unless the applicant presents clear and convincing evidence to the City Council that co-location is not feasible, a new tower may not be built, constructed or erected in the City unless the tower is capable of supporting at least two telecommunications facilities comparable in weight, size, and surface area to each other.

B. Setback Requirements. All towers and accessory equipment must comply with the following minimum setback requirements:
1. Towers and accessory equipment shall meet the setbacks of the underlying zoning district. The tower may not encroach upon any easements.
2. The tower shall be setback from the nearest residential structure at least the height of the tower. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.
3. The setback for a tower or accessory equipment may be reduced or its location in relation to a public street varied, at the discretion of the City, to allow the integration of the structure into an existing or proposed structure, such as a light standard, power line support device, or similar structure.
4. Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located.
C. Engineer Certification. Towers must be designed and certified by an engineer to be structurally sound and in conformance with the Uniform Building Code, and any other standards set forth in this code.
D. Height Restriction. A tower may not exceed 150 feet in height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade.
E. Lighting. Towers may not be artificially lighted except as required by the Federal Aviation Administration. At time of construction of a tower, in cases where there are residential uses located within a distance which is three times the height of the tower from the tower, dual mode lighting must be requested from the Federal Aviation Administration. Notwithstanding this provision, the City may approve the placement of an antennae on an existing or proposed lighting standard, provided that the antennae is integrated with the lighting standard.
F. Exterior Finish. Towers not requiring Federal Aviation Administration painting or marking must have an exterior finish as approved in the site plan.
G. Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where the tower or antenna support structure is located, unless more stringent fencing requirements are required by Federal Communications Commission regulations.
H. Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with landscaping requirements as approved in the site plan. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood.
I.

Accessory Buildings and Equipment. No more than one accessory building is permitted per user on a tower. Accessory buildings may be no more than 400 square feet in size. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Accessory structures shall comply with the building design and material standards of the district in which they are located. Telecommunications facilities not located on a tower or in an accessory building must be of stealth design.

J. Security. Towers must be reasonably posted and secured to protect against trespass. All signs must comply with applicable sign regulations.
K. Design. Towers must be of stealth design, if practical.
L. Removal of Towers. Abandoned or unused towers and associated above-ground facilities must be removed within twelve months of the cessation of operations of the telecommunications facility at the site unless an extension is approved by the City Council. Any tower and associated telecommunications facilities that are not removed within twelve months of the cessation of operations at a site are declared to be public nuisances and may be removed by the City and costs of removal assessed against the property pursuant to the nuisance abatement Section of the Corcoran City Code.

Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the City Code, federal and state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower.

M. Maintenance. Towers must be maintained in accordance with the following provisions.
1. Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public.
2. Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety code and all Federal Communications Commission, State, and local regulations, and in such a manner that they will not interfere with the use of other property.
3. Towers, telecommunications facilities or antenna support structures must be kept and maintained in good condition, order, and repair.

Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel.

Towers must comply with radio frequency emissions standards of the Federal Communications Commission.

If the tower owner discontinues the use of a tower, the tower owner must provide written notice to the City of its intent to discontinue use and the date when the use will be discontinued.

Subd. 5. Variances.

An applicant may request a variance to the setback, separation, buffer requirements, or maximum height provisions of this Code in accordance with the procedures outlined for the granting of a variance in the Corcoran City Code. The City Council may grant the requested variance if the applicant demonstrates with written or other satisfactory evidence that:

A. The locations, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located.
B. The variance will not create a threat to the public health, safety or welfare.
C. In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land.
D. In the case of a request for modification of separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area.
E. In the case of a request for modification of the maximum height limit, that the modification is necessary to:
1. Facilitates co-location of telecommunications facilities in order to avoid construction of a new tower.
2. To meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from a recognized expert in the telecommunications industry.

1060.110: - SOLAR ENERGY SYSTEMS

Subd. 1. Findings.

The intent of this Section is to allow reasonable capture and use, by households, businesses, and property owners of their solar energy resource, and encourage the development of renewable energy businesses, consistent with community development standards. This is consistent with Chapter 4, Section 8 of the Corcoran 2030 Comprehensive Plan, which states that the "City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum height of buildings for urban residents that create the opportunity for all building owners to develop solar energy facilities if desired."

tandards. This is consistent with Chapter 4, Section 8 of the Corcoran 2030 Comprehensive Plan, which states that the "City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum height of buildings for urban residents that create the opportunity for all building owners to develop solar energy facilities if desired."

The general purpose of this subsection is to regulate the placement, construction and modification of solar energy systems in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the solar energy systems in the City. Specifically, the purposes of this Ordinance are:

A. To regulate the location of solar energy systems.
B. To protect residential areas and land uses from potential adverse impacts of solar energy systems.
C. To minimize adverse visual impacts of solar energy systems and facilities through design, siting, landscaping, and screening.
D. To avoid adverse impacts to adjacent properties caused by solar energy systems by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used.
E. To ensure that solar energy systems are compatible with surrounding land uses.

Subd. 2. Development of Solar Energy Systems.

A. Solar Energy Systems shall be permitted in the City of Corcoran according to Table 1 of this section.

Table 1 - Types of Solar Energy Systems

Type	District	Application Required	Special standards
Building Integrated SES	All Districts	Building Permit	Building-integrated Solar Energy Systems are subject to all required setback, land use, and performance standards for the district in which the building is located.

Building or Roof Mounted SES	All Districts	Certifcate of Compliance	Non-residential rooftop systems may be pitched at an angle greater than 5% and shall be screened from the adjacent public right-of-way and adjacent residential structures.
Accessory Ground Mounted Solar Energy Systems	UR, RR	Certifcate of Compliance for Residential Uses; Site Plan required for non- residential uses; CUP as required by Section 1030.020, Subd. 4, E	Panel coverage shall conform to the accessory building size requirements of Section 1030.020, Subd. 4, E., except: 1. Solar energy system size shall be considered independent from other accessory structures. 2. The total footprint shall be calculated as the area of the solar collector surface. 3. The maximum solar panel coverage allowed for parcels over 10 acres is 3,969 feet.

Subd. 3. General Standards.

A. Solar energy systems shall conform to the following standards:

Building Permit. A building permit shall be required for the erection of solar energy system. Prior to the issuance of a building permit, the operator must provide evidence of an agreement with the local utility. Off-grid systems less than 6 square feet in size, such as accent lighting systems, power supply for traffic control systems, powering a water pump for water gardens, telecommunication systems, backup power systems during power outages, etc. shall be exempt from obtaining a building permit.
It shall be the responsibility of the property owner to secure any solar energy easements, if applicable, to protect solar access for the system (per Minn. Stats §500.30 as may be amended).
SES Systems shall comply with all applicable building, electric, and plumbing codes. Solar energy system components shall be labeled with the manufacturers name and address, model number, and serial number. Electric solar system components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing.
Glare. All solar arrays or panels shall be installed or positioned so as not to cause any glare or reflective sunlight that results in potential for permanent eye damage onto neighboring properties or structures. Staff may require a glare analysis that demonstrates compliance with this standard, as deemed necessary to protect the health, safety and welfare of the City.
Power and Communication Lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground, consistent with Section 945.060 (Other Utilities) of the City Code. Exemptions may be granted by the Zoning Administrator in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.
Setbacks. Ground mounted solar energy systems must be located a minimum of 100 feet from a residential dwelling unit not located on the property. Ground mounted systems shall meet the minimum accessory building setback for the zoning district.
Height. Ground mounted solar energy systems shall not exceed 12 feet.
Required Landscaping. All ground-mounted solar energy systems resulting in panel coverage of more than 100 square feet shall provide:
- a. A mix of pollinator and native groundcover mix beneath panel arrays, that provide native perennial vegetation and foraging habitat beneficial to gamebirds, songbirds, and pollinators and reduces stormwater runoff and erosion at the solar generation site, subject to the standards of Minnesota State Statutes §216B.1642.
- b. A mix of deciduous and evergreen trees and shrubs shall be provided to buffer the panels from adjacent properties and right-of-way and shall meet the following standards:
  - i. Plant material shall meet the minimum sizing requirements of Section 1060.070 Subd. 2 D (Landscaping, Minimum Size Requirements).

ii. In areas where panels are visible from adjacent properties or public rights-of-way, the applicant shall provide 1 tree per 15 lineal feet of security fence or lot line to be buffered and one shrub per 10 lineal feet of security fence or lot line to be

buffered.

iii. Natural looking and effective screening is desired, consequently, exceptions to buffering standards may be granted if the natural landscape provides screening from adjacent public rights-of-way and neighboring properties.

Erosion and sediment control shall meet the requirements of Section 950 of the City Code.

Subd. 4. Application Requirements.

A. Persons desiring to construct a solar energy system shall submit an application according to the standards of Table 1 of Subd. 2 (A). Applicants shall also submit the following materials:
B. Glare Study. If required by the Zoning Administrator, the applicant shall submit a glare study that analyzes glare from the adjacent right-of-way and adjacent residential properties using the Solar Glare Hazard Analysis Tool from Sandia National Laboratories or an equivalent tool.

Subd. 5. Home Owners Association.

All new residential developments may create provisions for solar use within the homeowners owners association documents.

(Ord. 328, passed 08-25-16, Ord. 355, passed 09-28-17, Ord. 376, passed 08-23-18, Ord. 383, passed 10-2518, Ord. 454, passed 03-24-22)