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HomeMy WebLinkAbout2017/12/06 - ADMIN - Agenda Packets - Planning Commission - Study SessionAGENDA PLANNING COMMISSION STUDY SESSION COUNCIL CHAMBERS 6:00 P.M. DECEMBER 6, 2017 1. Comprehensive Plan – consultants from HKGi will attend (30 min.) 2. Small cell, Communication Tower and Antennaes draft ordinance discussion (30 min.) 3. Electric vehicle charging stations (30 min.) 4. Architectural material – material request (15 min.) 5. Communications (15 min.) – potential upcoming applications If you cannot attend the meeting, please call the Community Development Office, 952/924-2575. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call 952.928.2840 at least 96 hours in advance of meeting. Planning Commission Meeting Date: December 6, 2017 Study Session Item 1 1. Comprehensive Plan Progress Update RECOMMENDED ACTION: No action at this time. SUMMARY: Staff will introduce Planner Jeff Miller of HKGi, the city’s planning consultant for the comprehensive plan. We will share the overall project schedule. We will also discuss the Neighborhood Planning Workshops held in November. Prepared by: Sean Walther, Planning and Zoning Supervisor Planning Commission Meeting Date: December 6, 2017 Study Session Item 2 2. Zoning Amendment Ordinance – Small Wireless Facilities RECOMMENDED ACTION: No action at this time. Commissioners are asked to provide comments or concerns, and to request additional information as needed. SUMMARY: On May 30, 2017, Governor Mark Dayton signed a bill amending the state’s Telecommunications Right-of-Way User Law. This law restricts the city’s ability to control installation of small cell wireless technology in public right-of-way. Under the new law, cities may continue to require a permit to install small wireless facilities, however, the law significantly limits the city’s ability to deny the proposed installations. Therefore, staff prepared the attached zoning amendment to clarify existing regulations, and create additional regulations intended to further define where installations can be installed, expand on co-location requirements, and create additional design criteria. The proposed ordinance includes conditions resulting from lessons learned from cities in Minnesota and from around the nation. The city attorney is in the process of reviewing the proposed ordinance for compatibility with the new state law. He may determine that some of the conditions are in conflict with the law, and therefore must be struck from the draft. His revisions and comments will be presented to the planning commission when staff brings it forward for consideration. NEXT STEPS: The proposed zoning regulations will be presented to Planning Commission for review and recommendation at a future meeting. Attachments: Draft Ordinance State Statute Prepared by: Jacquelyn Kramer, Associate Planner Reviewed by: Gary Morrison, Assistant Zoning Administrator Sean Walther, Planning and Zoning Supervisor Article IV. Zoning Districts DIVISION 2. LAND USE DESCRIPTIONS AND CHARACTERISTICS *** Sec. 36-142. Descriptions. *** (c) Institutional uses. The following are typical of the institutional uses referred to in this chapter. (1) Antenna means any free-standing structure or any device attached to a building, pole, tower, or utility structure used for the purpose of collecting or transmitting electromagnetic waves through the air, including but not limited to directional antennas, such as panels, microwaves dishes, and satellite dishes, and omni-directional antennas, such as whip antennas, except for Bbuilding-Mmounted antennas for private use on the premises where it is they are located, such as amateur radio antennas, and antennas receiving television or radio signals. (2) Communication tower means a free-standing structure whose primary purpose is to which supports one or more antennae and includes accessory uses directly related to the tower, such as utility buildings or structures used to enclose the equipment associated with the antennae. Article v. special provisions *** Sec. 36-367. Communication towers and antennas. (a) Purpose. (1) To accommodate the reasonable communication needs of residents and business in the community while protecting the public health, safety, and general welfare of the community; (2) To establish appropriate maximum heights of communication towers and antennas, considering their potential adverse impacts on the community at large and the ability to mitigate such impacts; (3) To minimize adverse impacts on properties in close proximity to communication towers and antennas; (4) To minimize adverse visual effects of communication towers and antennas through careful design and siting standards; (5) To avoid potential damage to adjacent properties from communication tower and antenna failure through structural standards and setback requirements; and, (6) To maximize the use of existing communication towers, antennas and buildings to accommodate new antennas in order to reduce the number of communication towers needed to serve the community. (b) Zoning compliance. Communication towers and antennas are allowed as provided in each zoning district and must be in compliance with the provisions of this Ordinance. (c) Free-Standing Antennas. Any antenna that is a separate structure and not attached to a building shall comply with all height and other requirements of this Chapter relating to Towers. (d) Co-Location Requirements. (1) A proposal for a new communication tower or antenna shall not be approved unless the applicant shows that the antenna cannot be reasonably accommodated on an existing communication tower or building. (2) The owner of any communication tower exceeding 50 feet in height constructed after the effective date of this Ordinance shall permit the reasonable joint use of the structure for other antennas. (d) Communication Tower Setbacks. (1) Monopoles shall be setback at least 10 feet from all lot lines. Communication towers of all other construction types shall be setback a distance equal to 1.5 times their engineered collapse radius or a distance equal to their height, whichever is less. (2) All communication towers shall be located a minimum distance of twice their height from any parcel zoned or used for residential purposes, or zoned mixed-use. (3) Communication towers shall not be located between a principal structure and a public street, with the following exceptions: a. In industrial zoning districts, communication towers may be placed between the building and the side lot line abutting a street. b. On sites adjacent to public streets on all sides, communication towers may be placed between the building and either the side lot line abutting a street or the rear lot line. (e) Building-Mounted Antennas. (1) Antennas attached to a building shall be no higher than 30 feet above the highest point of the building. (2) All building-mounted equipment shall be consistent with the architectural features of the building and be painted to match the color of the building exterior, roof or sky, whichever most effectively screens the equipment, as determined by the Zoning Administrator. (f) Location specific regulations for communication towers and antennas. (1) Setbacks. a Monopoles shall be setback at least 10 feet from all lot lines. Communication towers of all other construction types shall be setback a distance equal to 1.5 times their engineered collapse radius or a distance equal to their height, whichever is less, excerpt that all communication towers located on private property shall be located a minimum distance of twice their height from any parcel zoned or used for residential purposes, or zoned mixed-use. c. All ground facilities shall be set back as to comply with the minimum setbacks of the zoning district they are located in. d. Communication towers shall not be located between a principal structure and a public street, with the following exceptions: 1. In industrial zoning districts, communication towers may be placed between the building and the side lot line abutting a street. 2. On sites adjacent to public streets on all sides, communication towers may be placed between the building and either the side lot line abutting a street or the rear lot line. (21) Residential Zoning Districts. a. No more than one communication tower is allowed per parcel. Communication towers located on parcels occupied by residential dwellings are only allowed in the rear yard. b. Communication towers and antennas located on property used for residential purposes shall be limited to communication towers and antennas used for the private enjoyment of those on the premises. (3) Antennas in the Public Right-of-Way. Antennas may co-locate on existing poles or communication towers in the City, County, or State right-of-way within any zoning district. A City Public Works permit for uses in the public right-of-way and written permission from applicable jurisdictions are required. Antennas may be installed in the public right-of-way with the following conditions: a. Antennas may co-locate on existing poles or communication towers in the City, County, or State right-of-way within any zoning district. Permits from the applicable jurisdictions are required. b. Antennas shall be located in medians, rather than sidewalks, whenever possible. If the location proposed is not in the median, the location proposed shall not be approved unless the applicant establishes that there are no sites available in the median in the project area. c. Ground equipment shall not be placed in pedestrian plazas. d. An applicant that proposes replacing existing support poles must replace these poles with support poles compatible in design with existing poles in the area. e. The maximum height of support poles shall not exceed the height of the tallest pole located on the same side of the right-of-way as the proposed support pole and closest to the proposed location, or fifty (50) feet, whichever is less. f. Antennas shall not be mounted on traffic signal poles. g. Ground equipment shall not be placed in existing landscaped planting areas. h. Ground equipment shall be made available for public art wrap installations. i. The colors and/or materials on ground equipment should match existing buildings adjacent to the right of way. The design of ground equipment shall minimize their visual impact in the right of way. (43) A communication tower that complies with all other requirements of this chapter is allowed as a conditional use in a wetland, public waters wetland, Wetland Conservation Act (WCA) wetland, flood fringe district or general floodplain district. The standards for the issuance of a conditional use permit shall be the general criteria contained in this chapter applicable to all conditional use permits and the specific requirements for conditional uses in the flood fringe and general floodplain districts. The tower shall also comply with all other applicable laws and regulations. (gf)Communication Tower and Antenna Design Requirements. Proposed or modified communication towers and antennas shall meet the following design requirements. (1) Communication towers up to 120 feet in height shall be of a monopole type. (2) Antenna designs and mounts shall be designed to minimize visual impact. a. Describes the communication tower height, width including antennas, and design including a cross section and elevation; a site plan which demonstrates all building (2) All new support poles for small cell wireless facilities must be “slim-line” design. The maximum diameter for new support poles is eighteen (18) inches. (3) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (4) Each small wireless antenna and its support facilities are limited to one pole. Support facilities shall not be located on another pole. Support facilities may be located underground. (5) All support structures not collocated with the small wireless facilities they serve must be connected to the small wireless facilities via underground cables. (6) Antenna designs and mounts shall be designed to minimize visual impact. (7) All small cell wireless facilities and their support structures must use the same color and/or finish as the pole they are mounted to. (8) All small wireless facilities (with the exception of antenna) must be flush with supporting pole to minimize the profile of the facilities. Antenna must be mounted within two (2) inches of the support pole. (9) All wires servicing small wireless facilities and support facilities must be located inside support poles or underground. (10) No small wireless facility may extend more than ten (10) feet above its wireless support structure. (123) Communication Tower Lighting. Communication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required to regulate traffic, enhance pedestrian or vehicular safety, or by the Federal Aviation Administration or other federal or state law or regulation that preempts local regulations. (13) All small wireless facilities and support facilities must comply with city’s noise regulations. (14) Back-up battery facilities that generate noise are prohibited. (15) No small wireless facilities shall obstruct city street and wayfinding signage. (164) Signs, Advertising and Display. The use of any portion of a communication tower for displaying flags, signs other than warning or equipment information signs is prohibited. (19) No stickers, signs, or decals are allowed to be visible on small wireless facilities. The exception to this rule are safety alerts required by law. These must be placed on the back or underside of facilities, and there shall be a limit of one (1) sticker per facility. (205) With the exception of small cell and micro cell facilities, Associated Equipment. gGround equipment associated with a communication tower or antenna shall be housed in a building. The building shall meet the architectural design standards of the Zoning Ordinance, and shall meet the minimum communication tower setback requirements of the underlying zoning district. (21) Ground equipment shall maintain at least eight feet of clearance from other poles, furniture, landscaping art and other obstructions. (22) All small wireless facilities must be mounted so that there is a vertical clearance of at least eight (8) feet between the facility and the grade at any pedestrian sidewalks, trails or plazas. 2(23) All ground equipment shall be placed no closer than eight (8) feet from any pedestrian seating. This minimum distance applies to pedestrian seating both in the public right of way and on private property. (24) All ground facilities shall be placed no closer than eight (8) feet from any bicycle parking. This minimum distance applies to bicycle facilities both in the public right of way and on private property. (25) All ground facilities shall be placed no closer than ten (10) feet from any store or building entrance. (26) No small wireless facilities may be located over drive lanes, drive aisles or parking spaces. (hg) Communication Tower Construction and Maintenance Requirements. (1) Construction Requirements. All antennae and communication towers erected, constructed, or located within the City shall obtain a building permit. Every communication tower or free-standing antenna shall be protected to discourage climbing of the tower or antenna by unauthorized persons. (2) Maintenance. Communication tower and antenna finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint, or other blemish. (h) Building-Mounted Antennas. (1) Antennas attached to a building shall be no higher than 30 feet above the highest point of the building. (2) All building-mounted equipment shall be consistent with the architectural features of the building and be painted to match the color of the building exterior, roof or sky, whichever is most effective, as determined by the Zoning Administrator. (i) Free-Standing Antennas. Any antenna that is a separate structure and not attached to a building shall comply with all height and other requirements of this Chapter relating to Towers. (hj) Additional Submittal Requirements. In addition to the information required elsewhere in this Code, applications for communication towers or antennas that are permitted with conditions or require a conditional use permit shall include the following supplemental information unless it is determined by the Zoning Administrator that certain information is not required based upon the nature of the proposed antenna or communication tower: (1) A report from a qualified and licensed professional engineer that: a. Describes the communication tower height, width including antennas, and design including a cross section and elevation; a site plan which demonstrates all building dimensions and horizontal setbacks of associated equipment, HVAC and decibels, paving, landscaping, security lighting , and fencing. b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; c. Describes the communication tower's capacity, including the number and type of antennas that it can accommodate; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. Includes other information necessary to evaluate the request; g. Includes the dimensions and expected quality of the existing and proposed transmission service area; h. Includes the location, depth of utilities and other land lines connected to the communication tower and associated equipment; i. Reviews potential interference with public safety telecommunications equipment, and renders an opinion as to what the interference issues may be resulting from the proposed antenna, and recommendations as to how the interference can be mitigated. The report must also state whether or not the proposed antenna complies with all non- interference requirements of the FCC, a copy of the FCC approval of the antennae in regards to non-interference must be attached. (2) For all communication towers which are not used solely for private use antenna, a letter of intent committing the communication tower owner and his or her successors to allow the shared use of the communication tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (3) Before the issuance of a conditional use permit and/or building permit, proof that the proposed communication tower complies with regulations administered by the Federal Aviation Administration and Federal Communications Commission shall be submitted. (j) Discontinued or Unused Communication Towers or Antennas. All discontinued or unused communication towers or antennas or portions of communication towers and antennas, together with associated facilities shall be removed within 12 months of the cessation of operations at the site. In the event that a communication tower is not removed within 12 months of the cessation of operations at a site, the communication tower and associated facilities may be removed by the City and the costs of removal assessed against the property. (k) Amateur Radio Towers. (1) Communication towers supporting amateur radio antennas shall be exempt from subsections (d)(1) and (d)(2) above. They shall be setback at least 15 feet from any property line. (2) Amateur radio towers must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of 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 manufacturer’s specifications. Meeting of December 6, 2017 Page 1 Subject: Small Cell Wireless - Attachment 237.162 PUBLIC RIGHT-OF-WAY; DEFINITIONS. Subdivision 1.Generally. The terms used in sections 237.162 and 237.163 have the meanings given to them in this section. Subd. 2.Local government unit. "Local government unit" means a county, home rule charter or statutory city, town, or the Metropolitan Council. Subd. 3.Public right-of-way. "Public right-of-way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. A public right-of-way does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. Subd. 4.Telecommunications right-of-way user. (a) "Telecommunications right-of-way user" means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right- of-way, that is used or is intended to be used for providing wireless service, or transporting telecommunications or other voice or data information. (b) A cable communication system defined and regulated under chapter 238, and telecommunications activities related to providing natural gas or electric energy services, a public utility as defined in section 216B.02, a municipality, a municipal gas or power agency organized under chapter 453 or 453A, or a cooperative electric association organized under chapter 308A, are not telecommunications right-of-way users for the purposes of this section and section 237.163, except to the extent these entities are offering wireless services. Subd. 5.Excavate. "Excavate" means to dig into or in any way remove, physically disturb, or penetrate a part of a public right-of-way. Subd. 6.Obstruct. "Obstruct" means to place a tangible object in a public right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Subd. 7.Right-of-way permit. Meeting of December 6, 2017 Page 2 Subject: Small Cell Wireless - Attachment "Right-of-way permit" means a permit to perform work in a public right-of-way, whether to excavate or obstruct the right-of-way. Subd. 8.Manage the public right-of-way. "Manage the public right-of-way" means the authority of a local government unit to do any or all of the following: (1) require registration; (2) require construction performance bonds and insurance coverage; (3) establish installation and construction standards; (4) establish and define location and relocation requirements for equipment and facilities; (5) establish coordination and timing requirements; (6) require telecommunications right-of-way users to submit, for right-of-way projects commenced after May 10, 1997, whether initiated by a local government unit or any telecommunications right-of-way user, project data reasonably necessary to allow the local government unit to develop a right-of-way mapping system, such as a geographical information mapping system; (7) require telecommunication right-of-way users to submit, upon request of a local government unit, existing data on the location of the user's facilities occupying the public right-of-way within the local government unit. The data may be submitted in the form maintained by the user and in a reasonable time after receipt of the request based on the amount of data requested; (8) establish right-of-way permitting requirements for street excavation and obstruction; (9) establish removal requirements for abandoned equipment or facilities, if required in conjunction with other right-of-way repair, excavation, or construction; and (10) impose reasonable penalties for unreasonable delays in construction. Subd. 9.Management costs or rights-of-way management costs. (a) "Management costs" or "rights-of-way management costs" means the actual costs a local government unit incurs in managing its public rights-of-way, and includes such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. (b) Management costs do not include: Meeting of December 6, 2017 Page 3 Subject: Small Cell Wireless - Attachment (1) payment by a telecommunications right-of-way user for the use of the public right- of-way; (2) unreasonable fees of a third-party contractor used by a local government unit as part of managing its public rights-of-way, including but not limited to any third-party contractor fee tied to or based upon customer counts, access lines, revenue generated by the telecommunications right-of-way user, or revenue generated for a local government unit; or (3) the fees and cost of litigation relating to the interpretation of this section or section 237.163 or any ordinance enacted under those sections, or the local unit of government's fees and costs related to appeals taken pursuant to section 237.163, subdivision 5. Subd. 10.Collocate. "Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Subd. 11.Small wireless facility. "Small wireless facility" means: (1) a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a micro wireless facility. Subd. 12.Utility pole. "Utility pole" means a pole that is used in whole or in part to facilitate telecommunications or electric service. Subd. 13.Wireless facility. (a) "Wireless facility" means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including: (1) equipment associated with wireless service; Meeting of December 6, 2017 Page 4 Subject: Small Cell Wireless - Attachment (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. (b) "Wireless facility" does not include: (1) wireless support structures; (2) wireline backhaul facilities; or (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna. Subd. 14.Micro wireless facility. "Micro wireless facility" means a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Subd. 15.Wireless service. "Wireless service" means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522, clause (6). Subd. 16.Wireless support structure. "Wireless support structure" means a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. Subd. 17.Wireline backhaul facility. "Wireline backhaul facility" means a facility used to transport communications data by wire from a wireless facility to a communications network. History: 1997 c 123 s 3; 2017 c 94 art 9 s 1-11 237.163 USE AND REGULATION OF PUBLIC RIGHT-OF-WAY. Subdivision 1.Legislative finding. Meeting of December 6, 2017 Page 5 Subject: Small Cell Wireless - Attachment The legislature finds, and establishes the principle that, it is in the state's interest that the use and regulation of public rights-of-way be carried on in a fair, efficient, competitively neutral, and substantially uniform manner, while recognizing such regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of public rights-of-way. Because of the potential for installation by telecommunication companies of multiple and competing facilities within the public rights-of-way, the legislature finds it is necessary to enact the provisions of this section and section 237.162 to specifically authorize local government units to regulate the use of public rights-of-way by telecommunications right-of-way users. Subd. 2.Generally. (a) Subject to this section, a telecommunications right-of-way user authorized to do business under the laws of this state or by license of the Federal Communications Commission may construct, maintain, and operate small wireless facilities, conduit, cable, switches, and related appurtenances and facilities along, across, upon, above, and under any public right-of-way. (b) Subject to this section, a local government unit has the authority to manage its public rights-of-way and to recover its rights-of-way management costs. Except as provided in subdivisions 3a, 3b, and 3c, the authority defined in this section may be exercised at the option of the local government unit and is not mandated under this section. A local government unit may, by ordinance: (1) require a telecommunications right-of-way user seeking to excavate or obstruct a public right-of-way for the purpose of providing telecommunications services to obtain a right-of-way permit to do so and to impose permit conditions consistent with the local government unit's management of the right-of-way; (2) require a telecommunications right-of-way user using, occupying, or seeking to use or occupy a public right-of-way for the purpose of providing telecommunications services to register with the local government unit by providing the local government unit with the following information: (i) the applicant's name, gopher state one-call registration number under section 216D.03, address, and telephone and facsimile numbers; (ii) the name, address, and telephone and facsimile numbers of the applicant's local representative; (iii) proof of adequate insurance; and (iv) other information deemed reasonably necessary by the local government unit for the efficient administration of the public right-of-way; and (3) require telecommunications right-of-way users to submit to the local government unit plans for construction and major maintenance that provide reasonable notice to the local government unit of projects that the telecommunications right-of-way user expects to undertake that may require excavation and obstruction of public rights-of-way. Meeting of December 6, 2017 Page 6 Subject: Small Cell Wireless - Attachment (c) A local government unit may also require a telecommunications right-of-way user that is registered with the local government unit pursuant to paragraph (b), clause (2), to periodically update the information in its registration application. (d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government unit must not establish a moratorium with respect to: (1) filing, receiving, or processing applications for right-of-way or small wireless facility permits; or (2) issuing or approving right-of-way or small wireless facility permits. (e) A telecommunications right-of-way user may place a new wireless support structure or collocate small wireless facilities on wireless support structures located within a public right-of-way, subject to the approval procedures under this section and, for collocation on wireless support structures owned by a local government unit, the reasonable terms, conditions, and rates set forth under this section. A local government unit may prohibit, regulate, or charge a fee to install wireless support structures or to collocate small wireless facilities only as provided in this section. (f) The placement of small wireless facilities and wireless support structures to accommodate small wireless facilities are a permitted use in a public right-of-way, except that a local government unit may require a person to obtain a special or conditional land use permit to install a new wireless support structure for the siting of a small wireless facility in a right-of-way in a district or area zoned for single-family residential use or within a historic district established by federal or state law or city ordinance as of the date of application for a small wireless facility permit. This paragraph does not apply to areas outside a public right- of-way that are zoned and used exclusively for single-family residential use. Subd. 3.Restoration. (a) A telecommunications right-of-way user, after an excavation of a public right-of- way, shall provide for restoration of the right-of-way and surrounding areas, including the pavement and its foundation, in the same condition that existed before the excavation. Local government units that choose to perform their own surface restoration required as a result of the excavation may require telecommunications right-of-way users to reimburse the reasonable costs of that surface restoration. Restoration of the public right-of-way must be completed within the dates specified in the right-of-way permit, unless the permittee obtains a waiver or a new or amended right-of-way permit. (b) If a telecommunications right-of-way user elects not to restore the public right-of- way, a local government unit may impose a degradation fee in lieu of restoration to recover costs associated with a decrease in the useful life of the public right-of-way caused by the excavation of the right-of-way by a telecommunications right-of-way user. (c) A telecommunications right-of-way user that disturbs uncultivated sod in the excavation or obstruction of a public right-of-way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the restoration Meeting of December 6, 2017 Page 7 Subject: Small Cell Wireless - Attachment required under this subdivision, unless the owner of the real property over which the public right-of-way traverses objects. In restoring the right-of-way, the telecommunications right- of-way user shall consult with the Department of Natural Resources regarding the species of native grasses that conform to the requirements of this paragraph. Subd. 3a.Small wireless facility permits; general. (a) A local government unit: (1) may require a telecommunications right-of-way user to obtain a permit or permits under this section to place a new wireless support structure or collocate a small wireless facility in a public right-of-way managed by the local government unit; (2) must not require an applicant for a small wireless facility permit to provide any information that: (i) has previously been provided to the local government unit by the applicant in an application for a small wireless permit, which specific reference shall be provided to the local government unit by the applicant; and (ii) is not reasonably necessary to review a permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal Communications Commission regulations governing radio frequency exposure, or other information required by this section; (3) must ensure that any application for a small wireless facility permit is processed on a nondiscriminatory basis; and (4) must specify that the term of a small wireless facility permit is equal to the length of time that the small wireless facility is in use, unless the permit is revoked under this section. (b) An applicant may file a consolidated permit application to collocate up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all the small wireless facilities in the application: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, a local government unit may approve a permit for some small wireless facilities and deny a permit for others, but may not use denial of one or more permits as a basis to deny all the small wireless facilities in the application. (c) If a local government unit receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities, the local government unit may extend the 90-day deadline imposed in subdivision 3c by an additional 30 days. If a local government unit elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. Meeting of December 6, 2017 Page 8 Subject: Small Cell Wireless - Attachment (d) A local government unit is prohibited from requiring a person to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely in order to conduct any of the following activities: (1) routine maintenance of a small wireless facility; (2) replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or (3) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. A local government unit may require advance notification of these activities if the work will obstruct a public right-of-way. (e) Nothing in this subdivision affects the need for an entity seeking to place a small wireless facility on a wireless support structure that is not owned by a local government unit to obtain from the owner of the wireless support structure any necessary authority to place the small wireless facility, nor shall any provision of this chapter be deemed to affect the rates, terms, and conditions for access to or placement of a small wireless facility or a wireless support structure not owned by a local government unit. This subdivision does not affect any existing agreement between a local government unit and an entity concerning the placement of small wireless facilities on local government unit-owned wireless support structures. (f) No later than six months after May 31, 2017, or three months after receiving a small wireless facility permit application from a wireless service provider, a local government unit that has elected to set forth terms and conditions of collocation in a standard small wireless facility collocation agreement shall develop and make available an agreement that complies with the requirements of this section and section 237.162. A standard small wireless facility collocation agreement shall be substantially complete. Notwithstanding any law to the contrary, the parties to a small wireless facility collocation agreement may incorporate additional terms and conditions mutually agreed upon into a small wireless facility collocation agreement. A small wireless facility collocation agreement between a local government unit and a wireless service provider is considered public data not on individuals and is accessible to the public under section 13.03. (g) An approval of a small wireless facility permit under this section authorizes the installation, placement, maintenance, or operation of a small wireless facility to provide wireless service and shall not be construed to confer authorization to (1) provide any service other than a wireless service, or (2) install, place, maintain, or operate a wireline backhaul facility in the right-of-way. (h) The terms and conditions of collocation under this subdivision: (1) may be set forth in a small wireless facility collocation agreement, if a local government unit elects to utilize such an agreement; Meeting of December 6, 2017 Page 9 Subject: Small Cell Wireless - Attachment (2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and (3) must comply with this section and section 237.162. Subd. 3b.Small wireless facility permits; placement. (a) A local government unit may not require the placement of small wireless facilities on any specific wireless support structure other than the wireless support structure proposed in the permit application. (b) A local government unit must not limit the placement of small wireless facilities, either by minimum separation distances between small wireless facilities or maximum height limitations, except that each wireless support structure installed in the right-of-way after May 31, 2017, shall not exceed 50 feet above ground level, unless the local government unit agrees to a greater height, subject to local zoning regulations, and may be subject to separation requirements in relation to other wireless support structures. (c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing wireless support structure that is higher than 50 feet above ground level may be placed at the height of the existing wireless support structure, unless the local government unit agrees to a greater height, subject to local zoning regulations. (d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend more than ten feet above an existing wireless support structure in place as of May 31, 2017. Subd. 3c.Small wireless facility permits; approval. (a) Except as provided in subdivision 4, a local government unit shall issue a small wireless facility permit to a telecommunications right-of-way user seeking to install a new or replacement wireless support structure for a small wireless facility, or to collocate a small wireless facility on a wireless support structure in a public right-of-way. In processing and approving a small wireless facility permit, a local government unit may condition its approval on compliance with: (1) generally applicable and reasonable health, safety, and welfare regulations consistent with the local government unit's public right-of-way management; (2) reasonable accommodations for decorative wireless support structures or signs; and (3) any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way. (b) A local government unit has 90 days after the date a small wireless facility permit application is filed to issue or deny the permit, or the permit is automatically issued. To toll the 90-day clock, the local government unit must provide a written notice of incompleteness to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and Meeting of December 6, 2017 Page 10 Subject: Small Cell Wireless - Attachment reasonably related to a local government unit's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon an applicant's submittal of additional documents or information in response to a notice of incompleteness, the local government unit has ten days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the 90-day clock. Parties can mutually agree in writing to toll the 90-day clock at any time. Section 15.99 does not apply to this paragraph or paragraph (c). For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression of days that count towards the 90-day deadline. (c) Except as provided in subdivision 3a, paragraph (c), a small wireless facility permit and any associated encroachment or building permit required by a local government unit, are deemed approved if the local government unit fails to approve or deny the application within 90 days after the permit application has been filed, unless the applicant and the local government unit have mutually agreed in writing to extend the 90-day deadline. (d) Nothing in this subdivision precludes a local government unit from applying generally applicable and reasonable health, safety, and welfare regulations when evaluating and deciding to approve or deny a small wireless facility permit. Subd. 4.Permit denial or revocation. (a) A local government unit may deny any application for a right-of-way or small wireless facility permit if the telecommunications right-of-way user does not comply with a provision of this section. (b) A local government unit may deny an application for a right-of-way permit if the local government unit determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the public right-of-way and its current use. (c) A local government unit may revoke a right-of-way or small wireless facility permit granted to a telecommunications right-of-way u ser, with or without fee refund, in the event of a substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or any material condition of the permit. A substantial breach by a permittee includes, but is not limited to, the following: (1) a material violation of a provision of the right-of-way or small wireless facility permit; (2) an evasion or attempt to evade any material provision of the right-of-way or small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the local government unit or its citizens; Meeting of December 6, 2017 Page 11 Subject: Small Cell Wireless - Attachment (3) a material misrepresentation of fact in the right-of-way or small wireless facility permit application; (4) a failure to complete work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; and (5) a failure to correct, in a timely manner, work that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the local government unit of the faulty condition. (d) Subject to this subdivision, a local government unit may not deny an application for a right-of-way or small wireless facility permit for failure to include a project in a plan submitted to the local government unit under subdivision 2, paragraph (b), clause (3), when the telecommunications right-of-way user has used commercially reasonable efforts to anticipate and plan for the project. (e) In no event may a local government unit unreasonably withhold approval of an application for a right-of-way or small wireless facility permit, or unreasonably revoke a permit. (f) Any denial or revocation of a right-of-way or small wireless facility permit must be made in writing and must document the basis for the denial. The local government unit must notify the telecommunications right-of-way user in writing within three business days of the decision to deny or revoke a permit. If a permit application is denied, the telecommunications right-of-way user may cure the deficiencies identified by the local government unit and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The local government unit must approve or deny the revised application within 30 days after the revised application is submitted. Subd. 5.Appeal. A telecommunications right-of-way user that: (1) has been denied registration; (2) has been denied a right-of-way permit; (3) has had its right-of-way permit revoked; or (4) believes that the fees imposed on the user by the local government unit do not conform to the requirements of subdivision 6, may have the denial, revocation, or fee imposition reviewed, upon written request, by the governing body of the local government unit. The governing body of the local government unit shall act on a timely written request at its next regularly scheduled meeting. A decision by the governing body affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 6.Fees. (a) A local government unit may recover its right-of-way management costs by imposing a fee for registration, a fee for each right-of-way or small wireless facility permit, or, when appropriate, a fee applicable to a particular telecommunications right-of-way user Meeting of December 6, 2017 Page 12 Subject: Small Cell Wireless - Attachment when that user causes the local government unit to incur costs as a result of actions or inactions of that user. A local government unit may not recover costs from a telecommunications right-of-way user or an owner of a cable communications system awarded a franchise under chapter 238 caused by another entity's activity in the right-of-way. (b) Fees, or other right-of-way obligations, imposed by a local government unit on telecommunications right-of-way users under this section must be: (1) based on the actual costs incurred by the local government unit in managing the public right-of-way; (2) based on an allocation among all users of the public right-of-way, including the local government unit itself, which shall reflect the proportionate costs imposed on the local government unit by each of the various types of uses of the public rights-of-way; (3) imposed on a competitively neutral basis; and (4) imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the local government unit to regulate underground uses of public rights-of- way. (c) The rights, duties, and obligations regarding the use of the public right-of-way imposed under this section must be applied to all users of the public right-of-way, including the local government unit while recognizing regulation must reflect the distinct engineering, construction, operation, maintenance and public and worker safety requirements, and standards applicable to various users of the public rights-of-way. For users subject to the franchising authority of a local government unit, to the extent those rights, duties, and obligations are addressed in the terms of an applicable franchise agreement, the terms of the franchise shall prevail over any conflicting provision in an ordinance. (d) A wireless service provider may collocate small wireless facilities on wireless support structures owned or controlled by a local government unit and located within the public roads or rights-of-way without being required to apply for or enter into any individual license, franchise, or other agreement with the local government unit or any other entity, other than a standard small wireless facility collocation agreement under subdivision 3a, paragraph (f), if the local unit of government elects to utilize such an agreement. (e) Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover the costs associated with a proposed attachment. (f) Total application fees for a small wireless facility permit must comply with this subdivision with respect to costs related to the permit. (g) A local government unit may elect to charge each small wireless facility attached to a wireless support structure owned by the local government unit a fee, in addition to other fees or charges allowed under this subdivision, consisting of: (1) up to $150 per year for rent to occupy space on a wireless support structure; Meeting of December 6, 2017 Page 13 Subject: Small Cell Wireless - Attachment (2) up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and (3) a monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of: (i) $73 per radio node less than or equal to 100 max watts; (ii) $182 per radio node over 100 max watts; or (iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii). Subd. 7.Additional right-of-way provisions. (a) In managing the public rights-of-way and in imposing fees under this section, no local government unit may: (1) unlawfully discriminate among telecommunications right-of-way users; (2) grant a preference to any telecommunications right-of-way user; (3) create or erect any unreasonable requirement for entry to the public rights-of-way by telecommunications right-of-way users; or (4) require a telecommunications right-of-way user to obtain a franchise or pay for the use of the right-of-way. (b) A telecommunications right-of-way user need not apply for or obtain right-of-way permits for facilities that are located in public rights-of-way on May 10, 1997, for which the user has obtained the required consent of the local government unit, or that are otherwise lawfully occupying the public right-of-way. However, the telecommunications right-of-way user may be required to register and to obtain a right-of-way permit for an excavation or obstruction of existing facilities within the public right-of-way after May 10, 1997. (c) Data and documents exchanged between a local government unit and a telecommunications right-of-way user are subject to the terms of chapter 13. A local government unit not complying with this paragraph is subject to the penalties set forth in section 13.08. (d) A local government unit may not collect a fee imposed under this section through the provision of in-kind services by a telecommunications right-of-way user, nor may a local government unit require the provision of in-kind services as a condition of consent to use the local government unit's public right-of-way or to obtain a small wireless facility permit. (e) Except as provided in this chapter or required by federal law, a local government unit shall not adopt or enforce any regulation on the placement or operation of communications facilities in the right-of-way where the entity is already authorized to operate in the right-of-way, and shall not regulate or impose or collect fees on communications services except to the extent specifically provided for in the existing authorization, and unless expressly required by state or federal statute. Subd. 8.Uniform statewide standards. Meeting of December 6, 2017 Page 14 Subject: Small Cell Wireless - Attachment (a) To ensure the safe and convenient use of public rights-of-way in the state, the Public Utilities Commission shall develop and adopt by June 1, 1999, statewide construction standards for the purposes of achieving substantial statewide uniformity in construction standards where appropriate, providing competitive neutrality among telecommunications right-of-way users, and permitting efficient use of technology. The standards shall govern: (1) the terms and conditions of right-of-way construction, excavation, maintenance, and repair; and (2) the terms and conditions under which telecommunications facilities and equipment are placed in the public right-of-way. (b) The Public Utilities Commission is authorized to review, upon complaint by an aggrieved telecommunications right-of-way user, a decision or regulation by a local government unit that is alleged to violate a statewide standard. (c) A local unit of government may not adopt an ordinance or other regulation that conflicts with a standard adopted by the commission for the purposes described in paragraph (a). Subd. 9.Authorized contractors. (a) Nothing in this section precludes a telecommunications right-of-way user from authorizing another entity or individual to act on its behalf to install, construct, maintain, or repair a facility or facilities owned or controlled by the telecommunications right-of-way user. (b) A local government unit is prohibited from imposing fees or requirements on an authorized entity or individual for actions on behalf of a telecommunications right-of-way user that are in addition to or different from the fees and requirements it is authorized to impose on the telecommunications right-of-way user under this section. Subd. 10.Exemptions. (a) Notwithstanding any other provision in this chapter, this section does not apply to a wireless support structure owned, operated, maintained, or served by a municipal electric utility. (b) Subdivisions 3a, 3b, 3c, and subdivision 6, paragraphs (d) through (g), and subdivision 7, paragraph (e), do not apply to the collocation or regulation of small wireless facilities issued a permit by a local government unit before May 31, 2017, under an ordinance enacted before May 18, 2017, that regulates the collocation of small wireless facilities. History: 1997 c 123 s 4; 1998 c 345 s 4; 2017 c 94 art 9 s 12-20 Planning Commission Meeting Date: December 6, 2017 Study Session Item 3 3. Zoning Amendment Ordinance – Electric Vehicle Charging Stations RECOMMENDED ACTION: No action at this time. Commissioners are asked to provide comments or concerns, and to request additional information as necessary. SUMMARY: The proposed ordinance amends the parking regulations to require electric vehicle charging stations (EVCSs) when new developments and parking expansions are proposed. The intent is to facilitate and encourage the use of electric vehicles and to expedite the establishment of a convenient, cost-effective electric vehicle infrastructure. The ordinance proposes to establish: 1. Definitions. 2. Minimum number of spaces. 3. Design standards. 4. Maintenance obligations. The ordinance also includes the following revisions to Sec. 36-142 – Land Use Descriptions and Characteristics: 1. The “motor fuel station” land use has been amended to include electric charging facilities. 2. “Battery exchange station” has been added as an accessory land use. NEXT STEPS: At a future planning commission study session, staff will present a draft ordinance for the commission’s review and consideration. Attachment: Draft Ordinance Prepared by: Jacquelyn Kramer, Associate Planner Reviewed by: Gary Morrison, Assistant Zoning Administrator Sean Walther, Planning and Zoning Supervisor 1 Article IV. Zoning Districts DIVISION 2. LAND USE DESCRIPTIONS AND CHARACTERISTICS Sec. 36-142 Descriptions. *** (d) Commercial uses *** (20) Motor fuel station means a facility which supplies and dispenses at retail motor fuels directly into a motor vehicle; it also includes the sale of lubricants, batteries, tires and motor vehicle accessories. Motor fuels may be self-serve or dispensed by an attendant. Light maintenance activities to vehicles including engine tune-ups, lubrication, repairs, and carburetor cleaning may also be conducted. Motor fuel stations may also include facilities for the retail electric charging of vehicles. Characteristics include outdoor activity, high traffic generation and extended hours of operation. This use excludes heavy automobile repair including, but not limited to, engine overhauls, automobile painting, and bodywork. Article V. Special Provisions Sec. 36-361. Off-street parking areas, paved areas, and loading spaces. *** (e) Electric Vehicle Charging Stations. The intent of this section is to facilitate and encourage the use of electric vehicles and to expedite the establishment of a convenient, cost-effective electric vehicle infrastructure that may be required for such use, and establish minimum requirements for such infrastructure. (1) Applicability and Charging Station Requirements. a. The following provisions shall apply to all electric vehicle charging stations in the City. b. Any electric vehicle charging station system erected, constructed, installed, altered, replaced or to which additions are made shall comply with local, state, and federal law. (2) Definitions. a. Accessible electric vehicle charging station means an electric vehicle charging station where the battery charging station is located within accessible reach of a barrier-free access aisle and the electric vehicle. 2 b. Battery charging station means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles. c. Battery electric vehicle means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. d. Charging levels means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications: 1. Level-1 is considered slow charging. Voltage including the range from 0 through 120. 2. Level-2 is considered medium charging. Voltage is greater than 120 and includes 240. 3. Level-3 is considered fast or rapid charging. Voltage is greater than 240. e. Electric vehicle means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off grid source, that is stored on board for motive purposes. “Electric vehicle” includes: 1. Battery electric vehicle. 2. Plug-in hybrid electric vehicle. f. Electric vehicle charging station (EVCS) means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level-1 or Level-2 charging equipment is permitted outright as an accessory use to any principal use. g. Electric vehicle charging station – private restricted use means an electric vehicle charging station that is: 1. privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking); or 2. publicly owned and restricted (e.g., fleet parking with no access to the general public). h. Electric vehicle charging station – public use means an electric vehicle charging station that is: 1. publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on-street parking); or 3 2. privately owned and available to visitors of the use (e.g., shopping center parking). i. Electric vehicle infrastructure means conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations. j. Electric vehicle parking space means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. k. Plug-in hybrid electric vehicle means an electric vehicle that: 1. contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; 2. charges its battery primarily by connecting to the grid or other off-board electrical source; 3. may additionally be able to sustain battery charge using an on-board internal- combustion-driven generator; and 4. has the ability to travel powered by electricity. (3) Number of Required Electric Vehicle Charging Stations. a. All new or reconstructed parking lots with at least 50 parking spaces, or expanded parking lots that result in a parking lot with 50 or more parking spaces, shall install EVCS as required below. 1. Multiple-family residential land uses shall have 10% of required parking as Level 1 stations for resident parking, and one Level 2 station for guest parking. 2. Non-residential land uses with parking spaces available for use by the general public shall have at least one Level 2 station that serves long term parking (e.g.: employees and commuters) and at least one Level 3 station, adjacent to accessible parking spaces, that serves short term parking (e.g.: customers and visitors). In non- residential zoned districts, Level 3 charging stations may be installed to satisfy the EVCS requirements described above. b. In addition to the number of required EVCSs, the following accommodations shall be required for the anticipated future growth in market demand for electric vehicles: 1. Multiple-Family Residential Land Uses: all new, expanded and reconstructed parking areas shall provide the electrical capacity necessary to accommodate the future hardwire installation of Level-2 EVCSs for a minimum of 10% of required parking spaces. 2. Non-Residential Land Uses: all new, expanded and reconstructed parking areas shall provide the electrical capacity necessary to accommodate the future hardwire installation of Level-2 and Level-3 EVCSs for a minimum of 10% of required parking spaces. 4 3. ‘EVCS-Ready Outlet’ shall mean, at minimum: 1. a panel capable to accommodate a dedicated branch circuit and service capacity to install a 208/240V, 50 amperes grounded AC outlet; 2. a two-pole circuit breaker; 3. raceway with capacity to accommodate 100-ampere circuit; and 4. 50 ampere wiring; terminating in (5) a 50 ampere NEMA receptacle in a covered outlet box. c. These requirements may be revised upward or downward by the City Council as part of an application for a Conditional Use Permit or Planned Unit Development based on verifiable information pertaining to parking. (4) Permitted Locations. a. Level-1 and Level-2 EVCSs are permitted in every zoning district, when accessory to the primary permitted use. Such stations located at single-family, two-family, and multiple-family shall be designated as private restricted use only. b. Level-3 EVCSs are permitted in the non-residential districts, when accessory to the primary permitted use. c. If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered a motor fuel station for zoning purposes. Installation shall be located in zoning districts which permit motor fuel stations. (5) General Requirements for Single-Family Residential Zoning Districts. a. EVCSs shall be located in a garage, or on the exterior wall of the home adjacent to a parking space if there is no garage on the property. b. EVCSs shall comply with all relevant design criteria as outlined in section (6)e, unless specifically exempted. (6) General Requirements for Multi-Family Residential and Non-Residential Development Parking. a. Accessible Spaces. Accessible EVCSs shall be located in close proximity to the building or facility entrance and connected to a barrier-free accessible route of travel. A charging station will be considered accessible if it is located adjacent to, and can serve, an accessible parking space. It is not necessary to designate the accessible EVCS exclusively for the use of disabled persons. b. EVCSs – public use shall be subject to the following requirements: 5 1. The EVCSs shall be located in a manner that will be easily seen by the public for informational and security purposes and shall be illuminated during early morning and evening business hours. 2. The EVCSs shall be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles. 3. The EVCS may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours. c. Lighting. Site lighting shall be provided where an EVCS is installed, unless charging is for daytime purposes only. d. Equipment Design Standards. 1. Battery charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks. 2. Electric vehicle charging devices may be located adjacent to designated parking spaces in a garage or parking lot as long as the devices do not encroach into the required dimensions of the parking space (length, width, and height clearances). 3. The design should be appropriate to the location and use. Facilities should be able to be readily identified by electric vehicle users and blend into the surrounding landscape/architecture for compatibility with the character and use of the site. 4. EVCS pedestals shall be designed to minimize potential damage by vandalism and to be safe for use in inclement weather. e Usage Fees. The property owner may collect a service fee for the use of an EVCS. f. Maintenance. EVCSs shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.