(A) Permit issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit.
(B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare, or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state, and federal laws, including, but not limited to M.S. §§ 216D.01 through 216D.09 (Gopher One Call Excavation Notice System) and Minn. Rules, Ch. 7560.
(C) Small wireless facility conditions. In addition to division (B) and the relevant provisions of Chapter 153 of this code, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions.
(1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.
(2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the issuance of a Conditional Use Permit and general standards for use for towers consistent with all applicable provisions of this chapter and the requirements of the city's zoning ordinance.
(3) No wireless facility may extend more than 10 feet above its wireless support structure.
(4) No signage may be located on small wireless facilities unless required to protect public safety.
(5) 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.
(6) Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.
(D) Small wireless facility collocation agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter, or affect any then-existing agreement between the city and applicant.
(Ord. 679, passed - -2018)