(A) Purpose and intent. In order to accommodate the communication needs of the residents, business and industry while protecting the health, safety and general welfare of the city, the following regulations are imposed in order to:
(1) Facilitate the use of wireless communication services, television and radio antennas, for residents, business and industry of the city;
(2) Minimize adverse effects of towers through careful design and site standards;
(3) Avoid potential damage to adjacent properties from tower or antenna failure through structural standards and setback requirements;
(4) Maximize the use of existing and approved towers and buildings to accommodate new-wireless telecommunication antennas in order to reduce the number of towers needed to serve the community:
(5) To regulate access to and ongoing use of public right-of-way and facilities, such as water tanks, building rooftops, lighting masts and other structures by telecommunications providers for their telecommunications facilities; and
(6) To regulate small wireless facilities located outside of public right-of-way. Small wireless facilities in the right-of-way shall comply with the process and standards in Chapter 90: Right-of-Way Management of this Code.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY EQUIPMENT. The wires, cables, generators, air conditioning units, and other equipment or facilities that are used with antennas.
AESTHETICS (also known as CONCEAL or CONCEALMENT or STEALTH DESIGN). Refers to state-of-the-art design techniques used to blend the object into the surrounding environment
and to minimize the negative aesthetic impacts (to be further defined in the review process). Examples of aesthetic design techniques include architecturally screening roof mounted antennas and accessory equipment; integrating telecommunications facilities into architectural elements; nestling telecommunications facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the telecommunications facilities; and designing lowers to appear other than as towers, such as light poles, power poles, flag poles, and trees..
APPLICANT. Any person or entity who files an application for any permit or is party to any lease agreement required by this section for the construction, replacement, installation, operation, or alteration of wireless communication facility or any component thereof.
ANTENNA. Any exterior transmitting or receiving device mounted on a tower, monopole, building, or other structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies(excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA does not include a lightning rod.
ANTENNA SUPPORT STRUCTURE. Any new or existing lower, building, water tower, or electric transmission tower carrying over 200 kilo volts of electricity that can be used for the location of antennas without increasing the height or mass of the existing structure.
CITY. The City of Hutchinson or the authorized agent as designated by the City Council.
COLLOCATION. The sharing of structures by two or more wireless service providers on a single support structure or otherwise sharing a common location.
EASEMENT. A legal interest in real property that transfers a partial property right to the holder of the easement authorizing a person or party to use the land or property of another for a particular purpose.
ENGINEER. Refers to but is not limited to a radio, electrical, structural, civil, or mechanical engineer, licensed by the State of Minnesota.
EQUIPMENT LEASE AREA. A specified area at the base of or near a telecommunication facility, tower, or antenna that can contain an enclosed structure or open platform within which are housed, among other things, batteries, generators, air conditioning units, wireless communications or electrical equipment, or other accessory equipment, which may be connected to the telecommunications facility, tower or antenna by cable.
INVENTORY OF SMALL WIRELESS FACILITIES. An accurate and current inventory of all small wireless facilities, including sites that become inactive for any reason.
LANDLINE BROADBAND BACKHAUL TRANSPORT SERVICE. A fiber or other highspeed landline communications transport service contracted by lessee from a third-party provider that interconnects with the base station equipment at the point of demarcation and provides transport service back to lessee's network.
LESSEE. The party who rents land or property from a lessor. The lessee is also known as the TENANT, and must uphold specific obligations as defined in the lease agreement and by law.
LESSOR. The owner of an asset that is leased under an agreement to the lessee. The lessee makes one-time or periodic payments to the lessor in return for the use of the asset. The lease agreement is binding on both the lessor and the lessee, and spells out the rights and obligations of both parties.
MICRO WIRELESS FACILITY. 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.
MONOPOLE. A structure composed of a single spire used to support telecommunications equipment having no guy wires or ground anchors.
PERMIT HOLDER. A person or entity who holds a permit issued pursuant to this section for a telecommunications facility.
POINT OF DEMARCATION. The point of where the transmission media of a small wireless facility terminates and interconnects with broadband backhaul transmission facilities, whether provided by landline or wireless communications infrastructure.
PUBLIC UTILITY STRUCTURE. A structure which is owned by a governmental agency or utility company and which may be/can be used to support illumination devices or lines and other equipment carrying electricity or communications.
RADIO PROPAGATION STUDY. The propagation of radio waves is described through the modeling of the different physical mechanisms (free-space attenuation, atmospheric attenuation, vegetation and hydrometer attenuation, attenuation by diffraction, building penetration loss, etc.). This modeling is necessary for the conception of telecommunications systems and, once they have been designed, for their actual field deployment. Propagation models are implemented in engineering tools for the prediction different parameters useful for the field deployment of systems, for the study of the radio coverage (selection of the emission sites, frequency allocation, powers evaluation, antenna gains, polarization) and for the definition of the interferences occurring between distant transmitters.
RESIDENTIAL ACCESSORY COMMUNICATION DEVICES. Any satellite dishes, television antennas, radio antennas, amateur radio antennas, and similar communication transmission/reception devices and associated accessory equipment that are a permitted accessory use within a residential district.
RIGHT-OF-WAY (ROW) or PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way docs not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.
ROOFTOP MOUNTED WIRELESS TELECOMMUNICATIONS FACILITY. A wireless telecommunication facility with antennas located on the roof of a building or on top of a structure and consisting of antennas, support structures and accessory equipment, but are adequately screened so as not to appear as stand-alone devices above the top of the roof line.
SMALL WIRELESS FACILITY. A wireless facility defined as a low-power radio access facility, together with associated antennas, transmission media, mounting and mechanical equipment, which provides and extends wireless communications systems' service coverage and increases network capacity that meets all of the following qualifications:
(a) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and
(b) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including 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;
(c) A micro wireless facility.
STREET LIGHT. A raised source of light usually mounted on a pole and constituting one of a series spaced at intervals along a public street or highway used to illuminate a public area, usually urban. Also referred to as a STREET LAMP.
TELECOMMUNICATIONS EQUIPMENT. Antennas, accessory equipment, or towers.
TELECOMMUNICATIONS FACILITIES. The structures and equipment which make up a telecommunications network. Telecommunications facilities are defined by Federal Standard 1037C as the following:
(a) A fixed, mobile, or transportable structure, including:
1. All installed electrical and electronic wiring, cabling, and equipment; and
2. All supporting structures, such as utility, ground network, and electrical supporting structures.
(b) A network provided service to users or the network operating administration.
(c) A transmission pathway and associated equipment.
(d) In a protocol applicable to a data unit, such as a block or frame, an additional item of information or a constraint encoded within the protocol to provide the required control.
(e) A real property entity consisting of one or more of the following: a building, a structure, a utility system, pavement, and underlying land.
TOWER. Any of the following: a ground or roof mounted pole; spire; free standing, self-supporting lattice or monopole structure; or combination thereof taller than fifteen (15) feet, including but not limited to supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade (except amateur radio antennas).
TRAFFIC LIGHT/TRAFFIC SIGNAL SYSTEM. Electrically operated colored signaling devices positioned at road intersections, pedestrian crossings, and other locations to control conflicting flows of traffic.
TRANSMISSION MEDIA. All of the lessee's radios, antennas, transmitters, wires, fiber optic cables, and other wireless transmission devices that are part of the small wireless facility.
WIRELESS COMMUNICATIONS. Any personal wireless services as defined in the Federal Communications Act of 1996, including FCC licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communication (GSM), paging and similar services that currently exist or may be developed.
UTILITY POLE. A structure that is:
(a) Owned or operated by:
1. A public utility;
2. A communications service provider;
3. A municipality;
4. An electric membership corporation;
5. A rural electric cooperative; or
6. Municipal utility; and
(b) Designed and used to:
1. Carry lines, cables, or wires for telephone, cable television, or electricity; or
2. Provide lighting.
(C) Permit required.
(1) Permit required. Prior to any construction of installation activities, a telecommunications provider planning to install, construct or operate telecommunications facilities in the city shall apply for a telecommunications application and obtain a building permit and. if required, a conditional use permit pursuant to this section as applicable.
(2) Building and design standards and allowed locations for telecommunications facilities. All telecommunications facilities shall be constructed and maintained in accordance with the following standards:
(a) Existing telecommunication facilities. Existing telecommunications facilities located on or attached to existing structures, prior to the adoption of this section, are regulated by the provisions of the zoning district for each such parcel. Once the leases for existing telecommunication facilities expire or are otherwise terminated, the owner of the telecommunication facilities shall apply for a permit under this section and those existing telecommunications facilities shall be required to conform to all requirements of this section for new telecommunication facilities. The city may, among other remedies, require relocation of equipment, at the telecommunication facilities expense, to permitted areas under this section.
(b) New telecommunications facilities.
1. New telecommunications towers, not including those to which small wireless facilities are installed in the right-of-way, shall be located only on parcels owned and controlled by the city without a conditional use permit, with the exact location on such parcels determined at the sole discretion of the city. If a new tower cannot be located on a city parcel the applicant shall provide radio propagation analysis as noted in division (b)2.a. below to demonstrate need of the new tower location.
2. Antennas shall be located on a new or replacement tower at the locations permitted for telecommunications facilities only if the applicant complies with the following requirements, in addition to the other requirements of this section:
a. The applicant shall provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and/or capacity needs of its system. The applicant shall provide a network map describing all of the applicant's telecommunications facilities that provide any coverage within the city's limits. All applicants shall provide documentation prepared by a radio or electrical engineer to show the antennas would not cause interference with other existing or approved telecommunications equipment. The applicant shall also pay the reasonable expenses of a radio or electrical engineer retained by the city, at the city's option, to review this analysis;
b. The new or replacement telecommunications facilities shall use stealth design techniques as approved by the city. Economic considerations or hardships shall not be the sole justification for failing to provide stealth design techniques.
c. The new or replacement tower and antenna, including attachments other than lightning rods, shall not exceed 150 feet in height, measured from existing grade. The city may, but shall not be required to, increase this height up to 190 feet if the entity finds the increase in height would not have a significant visual impact, would not have a negative property value impact on surrounding properties because of proximity, topography or screening by trees or buildings or would accommodate two or more users. The city may waive this height limitation for a tower and/or antenna if used wholly or partially for essential public services, such as public safety.
d. New towers must comply and be marked and lighted in accordance with existing FAA and MnDOT aeronautics rules.
3. A new antenna may be attached to an existing or replacement public utility structure or light pole outside of the right-of-way if:
a. The antenna does not extend more than 15 feet above the top of the existing utility structure.
b. The antenna is no larger than three cubic feet and has no individual surface larger than four square feet.
c. The antenna extends outward from the utility structure no more than three feet.
d. There is no interference with public safety communications or with the original use of the public utility structure.
e. The applicant agrees that the antenna must be removed and relocated, at applicant's expense, when the city or utility requires the removal, relocation, or reconditioning of the public utility structure.
f. The telecommunications permit application and all necessary agreements permitting the use of public property are approved.
g. Its inclusion/attachment does not exceed the facilities structural capacity.
h. Note: No equipment will be allowed on fiberglass light poles. Right-of-way installations are permitted for small wireless facilities in accordance with the requirements of Chapter 90: Right-of-Way Management of this Code.
4. Construction plan.
a. A tower will require a written plan for construction that demonstrates the use of aesthetics as defined in the definitions and approved by the city; includes the total height and width of the wireless facility and tower, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundations capacity: the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and tower and all easements and existing structures within 200 feet of such wireless facility or wireless support structure.
b. Substantial modification of an existing wireless facility or tower requires the following:
i. An application with the name, business address, and point of contact for the applicant;
ii. The location of the proposed or affected tower or wireless facility; and
iii. A construction plan that describes the proposed modifications to the tower and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.
(3) Telecommunications permit application. Telecommunications providers shall apply for a permit on an application form obtained from the city. A telecommunications provider shall file three copies of the applications with the city. Applications shall be complete and include all information required by this section, including a route map showing the location of the provider's existing and proposed facilities.
(4) Public data. The contents of all telecommunications permit applications and any other documents supporting the application may be classified as public data and as such may be released in accordance with the Minnesota Data Practices Act or other applicable regulation or court order.
(5) Application fee and escrow. The application shall be accompanied by a one-time non-refundable application fee in the amount identified on the application form. At the discretion of the city, an escrow fee may be required for applications that require analysis by the city's communications consultant, such as an interference analysis and intermodulation study. The application fee and escrow amount are established in the city's Fee Schedule, set annually by the City Council. The applicant shall also pay the expenses of a third-party engineer's service or technical study as required by the city.
(6) Additional information. The city may request an applicant to submit such additional information as the city deems reasonably necessary or relevant. The applicant shall comply with all such requests within reasonable deadlines for such additional information established by the city.
(D) Amateur radio antenna towers. The construction or erection of towers supporting amateur radio antennas shall be a permitted use in all zoning districts, subject to the following requirements:
(1) This type of tower requires a building permit;
(2) This type of tower shall be allowed only in the rear yard of residentially zoned properties. If there is insufficient space within the rear yard to erect the tower and any related guy wires, then the property owner may apply for a conditional use permit to erect a tower in another yard (front or side);
(3) This type of tower shall not exceed 75 feet in height, except by conditional use permit;
(4) This type of tower shall conform to the accessory structure setback for the district in which it is located:
(5) Amateur radio antenna towers shall be installed in accordance with the instructions furnished by the manufacturer of the tower model. Antennas mounted on a tower may be modified and 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; and
(6) This type of tower shall be exempt from the requirements of divisions (E) through (R) of this section.
(E) Antennae mounted on roofs, walls, and existing towers. The placement of wireless telecommunication antennae on roofs, walls and existing towers must be approved by the city, provided the antennae meet the requirements of this section, and after submittal and approval of all permits, applications, fees and information identified in division (B) of this section.
(F) Tower locations. Antennas on a public structure or existing structures are allowed in all districts by resolution approved by the city, without a conditional use permit. However, all antenna installations must comply with the requirements of this section. However, all tower installations must comply with the requirements of this section. All towers shall be of a monopole construction and subject to the regulations listed in Chapter 151: Airport Zoning of this Code. Towers exceeding 75 feet in height shall be allowed only by conditional use permit and shall only be allowed in the following zoning districts:
(1) C-l, Neighborhood Convenience Commercial District;
(2) C-2, Automotive Service Commercial District:
(3) C-3, Central Commercial District;
(4) C-4, Fringe Commercial District;
(5) C-S, Conditional Commercial District;
(6) I/C, Industrial/Commercial District;
(7) I-1, Light Industrial Park District;
(8) I-2, Heavy Industrial District; and
(9) BP, Business Park District.
(G) Tower setbacks. The following setbacks shall apply in the listed districts.
(1) In C-l, C-2, C-3, C-4, C-5, BP, I/C, I-1 and I-2 Districts, the setback of the tower shall be at a ratio of one foot of setback for every two feet of height of tower (i.e., a 100-foot tower would require a 50-foot setback from all property lines and the street right-of-way).
(2) In the event that any portion of the property directly abuts a district zoned R-1, Single-Family Residential; R-2, Medium Density Residential; R-3, Medium-High Density Residential; R-4, High Density Residential; R-5, Manufactured Home Park; any residential planned unit development: or A-1, Agricultural or R-1, Rural Residential in the Joint Planning Area; the setback to these districts shall be at a ratio of one foot for every one foot of height of structure (i.e., a 100-foot tower would require a 100-foot setback from any property line which is residentially or agriculturally zoned).
(H) Collocation requirements. All commercial towers erected, constructed or located within the city shall comply with the following requirements.
(1) A proposal for a new commercial tower shall not be approved unless the applicant has provided proof that the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower due to one or more of the following reasons:
(a) The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost;
(b) The antenna would cause interference materially impacting the usability of other existing or planned antenna at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;
(c) Existing or approved towers and building within the search radius cannot accommodate the planned antenna at a height necessary to function reasonably as documented by a qualified and licensed professional engineer: or
(d) Other unforeseen reasons that make it unfeasible to locate the planned antenna equipment upon an existing or approved tower or building.
(2) Any proposed commercial tower shall be designed, structurally, electronically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or. for at least one additional user, if the tower is over 75 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(I) Structural and landscaping requirements. Proposed or modified towers and antennas shall meet the following design requirements:
(1) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color or markings are dictated by federal or state authorities, such as the Federal Aviation Administration;
(2) Commercial towers shall be of a monopole design unless the city determines that an alternative design would better blend into the surrounding environment. Towers must be self-supporting without the use of wires, cables, beams, or other means;
(3) Landscaping plans for the base of the tower must be submitted with the application of the conditional use permit, or building permit, should a conditional use permit not be needed. These plans must be compatible with the surrounding character of the area and must be approved either by the city prior to the issuance of the conditional use permit or building permit; and
(4) Screening plans, as may be required by the city, and reviewed shall be inclusive of the following:
(a) When used, walls or fences must provide for full visual screening of accessory buildings or storage areas, as viewed from residential areas and state and county roads;
(b) The materials used for constructing the wall or fence shall be specified in the site plan and shall meet the requirements of this section;
(c) Berms, if used, shall be constructed with a slope not to exceed 3:1 and shall be covered with sod or other landscape material sufficient to prevent erosion of the berm;
(d) Trees, hedges or other vegetative materials, when used, must provide at 75% screening capacity throughout the year. Such screening must also conform to all vegetative setback requirements of the city Zoning Ordinance.
(J) Construction requirements. Proposed or modified towers and antennas shall meet the following construction requirements:
(1) All antennae, towers, and accessory structures shall comply with all applicable provisions of this section.
(2) Towers shall be certified by a qualified and licensed professional engineer to conform to the current structural standards and wind loading requirements of the Minnesota State Building Code and Electronics Industry Association.
(3) No part of any antenna or tower nor any lines, cable, equipment, wires, or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.
(4) Towers and associated antennae shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
(5) All signed and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
(6) As applicable to its location, with final determination by the city, towers affixed to the ground shall include security fencing to discourage access by unauthorized persons.
(7) Tower locations should provide the maximum amount of screening possible of off-site views of the facility. Existing on-site vegetation shall be preserved to the maximum extent practicable. The area around the base of the tower and any accessory structures shall be landscaped and/or screened. Applicants must maintain, in good and healthy condition, at all times, all landscaping attendant to the wireless telecommunications facility, including landscaping of the public right-of-way. Any dead or dying landscaping must be promptly replaced or rehabilitated. See division (I) of this section.
(K) Resolution of interference. The installation and operation of new antennas, towers, and associated facilities shall not cause harmful interference to pre-existing telecommunication system broadcast or reception, whether they be commercial or residential. Telecommunications providers shall, at their own expense, maintain any equipment in a safe condition, in good repair and in a manner so as not to conflict with the use of the surrounding premises. If within 60 days from the initial installation and operation of any new antenna system, the city receives notice of interference from an adjacent property, additional study and remedy may be required. The applicant shall be responsible for the expenses incurred in any independent validation of interference, provided, however, should the independent analysis conclude that the interference objections were valid; the applicant shall be responsible for any independent validation fees. If new facilities are found to cause impermissible interference, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within 30 days, the applicant shall immediately cease operating its facility until the interference has been eliminated.
(L) Tower lighting. Towers shall be required to meet Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) requirements and shall not be artificially lighted unless required by the Federal Aviation Administration to do so. If the tower does require artificial lighting, a letter stating this need and a description of the lighting shall be provided to the city prior to approval. The lighting, unless required by the FAA to be otherwise, must be diffused.
(M) Lights and other attachments. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), nor shall any tower have constructed on, or attached to, in any platform, catwalk, crow's next, or like structure, except during periods of construction or repair.
(N) Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which the tower site is located. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
(O) Maintenance requirements.
(1) The yard area in front of the fences and walls shall be trimmed and maintained in a neat and attractive manner.
(2) Repairs to damaged areas of walls or fences shall be made within 30 days of sustaining said damage.
(3) Areas left in a natural state and vegetative screening areas shall be properly maintained in a well-kept condition.
(4) Diseased, dying, or dead vegetative screening elements shall be removed and then replaced, at a minimum, with healthy plants of the same size required when first planted.
(P) Abandoned or unused towers and antennas. Abandoned or unused towers or portions of towers shall be removed as follows:
(1) All abandoned or unused towers and associated facilities shall be removed within six months of cessation of operations at the site unless a time extension is approved by the Planning Commission. In the event that a tower is not removed within six months of cessation of operations at a site, the tower and associated facilities may be removed by the city, and the costs of removal assessed against the property; or
(2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna location. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
(Q) Public safety telecommunication interference. Commercial wireless telecommunications services shall not interfere with public safety telecommunications. Before the introduction of new service or changes in existing services, telecommunication providers shall notify the city at least ten days in advance of any changes and allow the city to monitor interference levels during the testing process.
(R) Signs and advertising. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited.
(S) Additional submittal requirements. In addition to information listed elsewhere in this section, conditional use permit applications for towers shall include the following supplemental information:
(1) A report from a qualified and licensed professional engineer which:
(a) Describes the general tower height and design including a cross-section and elevation;
(b) Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas. This information can be general in scope, with specific documentation to be submitted with the building permit application;
(c) Describes the tower's capacity, including the number and type of antennas it can accommodate;
(d) Includes an engineer's stamp, registration number, and signature; and
(e) Additional information necessary to evaluate the request.
(2) For all commercial towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use;
(3) If the tower exceeds 200 feet, a letter of approval from the Federal Aviation Administration (FAA);
(4) A letter from the FAA if artificial lighting is deemed necessary; and
(5) Recommendation for approval by the Municipal Airport Commission.
(T) Satellite dishes. Satellite dishes greater than one meter in diameter shall be allowed only by a conditional use permit in all districts. Design plans shall include provisions for screening and shall be submitted with the conditional use permit application.
(U) Small wireless facilities.
(1) Small wireless facility plan.
(a) Small wireless facility submissions. The applicant shall submit a preliminary site plan to the city, for review and approval. The applicant shall also submit an application which shall include:
1. Photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed small wireless facility;
2. A statement signed by a professional engineer licensed in the State of Minnesota stating that the proposed facilities comply with all applicable Federal Communications Commission regulations, including, without limitation, regulations pertaining to the emission of radio frequency radiation; and
3. Such additional information as the Planning Director may reasonably require in order to determine whether the requirements of this section are met. The application and site plan for the small wireless facility shall be approved only if the following minimum standards are met:
a. The small wireless facility may encompass multiple sites.
b. The small wireless facility shall be substantially concealed from view by means of painting, tinting, or use of camouflage or stealth materials to match the surface of the building or other structure to which they are affixed or by other suitable methods, such as by flush-mounting or integration into the design elements of the building or structure.
c. Electrical power and battery backup cabinets shall, to the extent practicable, be roof-mounted or otherwise located so as not to be visible from a public street or. where not practicable as determined by the city, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street.
d. The placement of small wireless facilities may be approved by the city, provided the antenna meets the requirements of this section, and after submittal and approval of all permits, applications, fees and information identified in division (C) of this section. Small wireless facilities on a public structure or existing structures are allowed by conditional use permit in residentially zoned areas if they are located on public or institutional property. However, all antenna installations must comply with the requirements of this section, and Chapter 90: Right-of-Way Management of this Code when installed within the right-of-way.
e. At such time that the small wireless facility ceases to be used for communications purposes for three consecutive months, the applicant shall remove the small wireless facility from the property. If the applicant fails to remove the small wireless facility within 30 days of written notice from the city, the city shall be authorized to remove the small wireless facility and assess all charges incurred in such removal on the applicant.
f. Small wireless facility installations are permitted uses in the following zoning districts:
i. C-1, Neighborhood Convenience Commercial District;
ii. C-2, Automotive Service Commercial District:
iii. C-4, Fringe Commercial District;
iv. C-5, Conditional Commercial District;
v. I/C, Industrial/Commercial District;
vi. I-1, Light Industrial Park District;
vii. I-2, Heavy Industrial District; and
viii. BP, Business Park District.
g. All small wireless facility installations shall be allowed only by conditional use permit in the following zoning districts:
i. C-3, Central Commercial District:
ii. GT, Gateway; and
iii. MXD, Mixed Use District.
h. Special requirements based on whether small wireless facility is affixed to a building or pole outside of the right-of-way:
i. Building-mounted:
1) The small wireless facility may be attached to any building that is at least 20 feet in height as measured from the ground level;
2) When attached to such building, the small wireless facility shall
be affixed at least 18 feet in height as measured from the ground level.
ii. Pole-mounted:
1) The small wireless facility shall be mounted on a pole that supports an athletic field, or parking lot light or similar structure Such pole shall be at least 15 feet in height as measured from the ground level. Note: Fiberglass poles, poles for traffic lights or traffic signal systems cannot be used and are prohibited for the mounting of any antennas or telecommunications equipment without first obtaining a right-of-way permit and collocation agreement from the city;
2) Height restrictions. All small wireless facility installations shall Be in compliance with height restrictions applicable to poles and other structures in certain overlay zoning districts. In all other zoning areas, small wireless facilities shall not be installed at a height exceeding 50 feet.
3) The small wireless facility shall not protrude outward more than two feet from the pole on which it is mounted;
4) There shall be no more than one small wireless facility per pole;
5) The antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure;
6) Security - construction of a small wireless facility on existing utility poles must be installed in a manner that will not allow the public to come into physical contact with the equipment or create injury. Equipment must be mounted securely and include electrical surge protection, safety cable connector locks, no sharp edges, or any other potential hazards.
(b) Placement of small wireless facility in the right-of-way. Small wireless facilities in the right-of-way shall comply with the process and standards in Chapter 90: Right-of-Way Management of this Code.
(V) Effective date and applicability to existing facilities. All wireless telecommunications facilities existing on or before July 1, 2009, shall be allowed to continue as they presently exist, as legally permitted non-conforming uses. Such facilities shall be used or repaired without having to comply with the section. Any material modification, including changes that could result in interference, additional structural loading, or aesthetics of an existing telecommunications facility, will require review and permitting in compliance with this section.
(2004 Code, § 154.119) (Ord. 00-286, passed 12-12-2000; Ord. 09-0532, passed 8-11-2009; Ord. 16-0759, passed 7-12-2016; Ord. 18-0784, passed 6-26-2018) Penalty, see § 154.999