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(A) Towers and antennas less than 200 feet in height above ground level (AGL) for wireless communications facilities are permitted upon the issuance of a conditional use permit pursuant to this chapter.
(B) Antennas/towers shall be located on municipally owned land/structures or land within an industrial district, if the land is available, provided a lease agreement is entered into between the city and the proposed user.
(C) Antennas attached to existing structures shall not exceed 20 feet above the highest point of the structure.
(Ord. 155, passed 2-20-2001) Penalty, see § 10.99
(A) Generally. Construction and maintenance of a wireless communication service requires a conditional use permit issued by the City Council.
(B) Specifically.
(1) In reviewing an application for a conditional use permit for the construction and maintenance of wireless communication services and supporting towers and accessory structures, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, convenience, and general welfare of occupants of surrounding lands, the effect on property values of property in surrounding areas, and the effect of the proposed use on the comprehensive plan.
(2) In applying for a conditional use permit, the applicant shall provide the following information:
(a) Documentation illustrating compliance or pending compliance with FAA and FCC authorization procedures;
(b) Sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons;
(c) Documentation of the area to be served, including a search area for the antenna location. A narrative describing a search area (with not less than 1–1/2-mile radius) clearly explaining why the site was selected, an environmental review including a summary of relevant conclusions, and what existing structures were available and why they are not suitable as locations or co-locations;
(d) Documentation that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the search area due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned equipment at a reasonable cost;
2. The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional radio frequency (RF) engineer, and the interference cannot be prevented at a reasonable cost;
3. No existing or approved tower industrial sites within a 1–1/2-mile radius meet the radio frequency (RF) design criteria;
4. Existing or approved tower and commercial/industrial sites within a 1–1/2-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional radio frequency (RF) engineer; and/or
5. A good faith effort to co-locate on existing towers and structures within a 1–1/2-mile radius was made, but an agreement could not be reached.
(e) A certified survey showing the location of the proposed tower/antenna;
(f) A detailed screening plan;
(g) A report from a qualified and licensed professional engineer, which:
1. Describes the tower height and design with cross-section and elevation;
2. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation between antennas;
3. Describe the number and type of antennas that can be accommodated;
4. Documents the steps the applicant will take to avoid interference with pubic safety telecommunications; and
5. Includes the engineer’s stamp and registration number.
(h) A letter of intent committing all commercial wireless telecommunications service towers to allow the shared use of the tower if an additional user agrees, in writing, to meet reasonable terms and conditions for structures.
(Ord. 155, passed 2-20-2001)
(A) Antennas and towers used by the city for city purposes;
(B) Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor;
(C) Antennas and/or towers erected temporarily for test purposes or for emergency communications. Temporary antennas shall be removed within 72 hours following installation; and
(D) Antennas mounted on water towers, public structures, or on the roofs of existing public buildings not exceeding 20 feet above the principal structure.
(Ord. 155, passed 2-20-2001) Penalty, see § 10.99
(A) Generally. All antennas/towers constructed, and all wiring therefor, shall comply with the following requirements.
(B) Specifically.
(1) Towers shall be certified by a registered professional engineer under the laws of the State of Minnesota and shall conform to the latest structural standards and wind loading requirements of the Minnesota State Building Code and the Electronics Industry Association.
(2) An agreement providing for co-location and prompt removal of unused and/or obsolete towers shall be attached and become part of the permit.
(3) With the exception of necessary electric and telephone service and connection lines approved by the issuing authority on part of any antenna or tower, no lines, cable, equipment, or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way of a public street or highway, sidewalk, or property line.
(4) Any ground mounted tower/antenna design shall be such that the antenna will withstand high velocity wind and seasonal storms. The tower/antenna shall be maintained by the applicant so as to assure that it remains upright.
(5) Applicant must obtain Federal Aviation Administration approval or provide documentation that Federal Aviation Administration approval is not needed.
(6) Applicant must obtain Federal Communications Commission licensure and approval as required for various communications applications. Applicant shall follow Federal Communications Commission regulations regarding the correction and/or prevention of any radio frequency interference problems.
(7) Complete screening shall be provided surrounding all towers in excess of 15 feet in height from ground level. The applicant shall also fence off the tower/antenna, with a minimum of a 6-foot high fence or barrier with a locked gate to prevent public access.
(8) Towers and antennas shall be designed to blend into the surrounding environment through the use of a natural color, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
(9) Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend in to the surrounding environment.
(10) No advertising or identification of any kind intended to be visible form the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.
(11) Applicant must submit proof of liability and worker’s compensation insurance. All communication towers, their antennas, and associated equipment shall be adequately insured for injury or property damage caused by structural failure of the tower or associated equipment.
(12) The permit will be subject to annual administrative review.
(Ord. 155, passed 2-20-2001) Penalty, see § 10.99
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