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expansion of a non -conforming use. A legal non -conforming use can only be expanded in one of two ways: 1) the applicant could request a variance, but he would need to demonstrate a hardship as required under State Statutes; or, 2) the Zoning Code could be amended to allow an expansion of existing legally non -conforming antenna towers. The applicant is requesting the zoning code change. The Arden Tower at 1777 Gateway Boulevard is also considered a legal non -conforming use because it is not accessory to another use. However, the Arden Tower CUP includes provisions to allow for additional antennas and antennas at different heights with a building permit. The Reiling Tower CUP does not include such provisions. The applicant has submitted a structural analysis report that was prepared by Verizon Wireless, the only cellular provider on the tower. The report indicates that there are 32 antennas on the tower now, but, according to the property owner, only 18 of those are operable. There are three different users on the tower. Verizon Wireless is the only cellular service provider, and they have 15 of the operable antennas. American Messaging has two whip antennas, and Nextera has one dish antenna currently located on the tower. According to Verizon's structural analysis the tower is currently at 98 percent capacity, which includes the 14 inoperable antennas. Based on conversations that Staff has had with Garry Lysiak of OWL Engineering, equipment will need to be removed from the tower if any more antennas were to be installed. Discussion There are two parts to this discussion. First, the City and the Reiling Estate need to seek a solution regarding the noncompliance with the original Reiling Tower CUP. While the City may be able to order compliance with the original CUP, the fact of the matter is that there are customers that rely on services provided by the tower. If the additional antennas were forced off the tower, it could result in requests for new antenna structures. Technology has changed since the tower was first approved for microwave dishes in 1972. Cellular service providers often require nine to 15 panel antennas, rather than a single dish antenna, as was the case several decades ago. The actual number of antennas allowed on the tower is less a factor than the structural integrity of the tower itself. Secondly, as Staff began to review the zoning code amendment application, a number of concerns arose that pertain more generally to antennas located on existing towers within the City, the likelihood of future requests for antennas, and the City's approach to reviewing new antenna requests. Furthermore, the communications industry is constantly evolving and the Federal Communications Commission (FCC) regulations also impact local regulations and review. Presently, there are three freestanding communications towers in Arden Hills: the Reiling Tower at 1296 County Road F, the Arden Tower located at 1777 Gateway Boulevard, and the State of Minnesota tower at 1929 Lake Valentine Road. The State of Minnesota tower is exempt from City of Arden Hills City Council Work Session for December 21, 2009 IIMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)112-21-09 - Work Session - Memo - Antennas and Towers. doc Page 3 of 6