(A) Conditional use permit requirements. Applicants proposing to erect wireless telecommunication towers and/or antennas that require a conditional use permit (CUP) as outlined in § 160.397(B) of this chapter, shall provide at the time of application the following information:
(1) A notarized document from the property owner or lessor that allows the applicant to apply for a CUP and building permit to erect a wireless telecommunication tower and/or antenna;
(2) Demonstration of need, in accordance with § 160.400(C) of this chapter;
(3) A site plan which shows property lines, location of wireless telecommunication tower or antennas, setback distances, any accessory equipment structure, fencing and landscaping proposed;
(4) Sufficient information to show that construction, installation and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons;
(5) Proof of insurance, in accordance with division (D) below; and
(6) Any other information necessary for the city to evaluate the CUP.
(B) Building permits.
(1) Applicants proposing to erect wireless telecommunication towers and/or antennas shall obtain a building permit. The towers and antennas are subject to inspection by the city’s Building Official to determine compliance with State Building Code construction standards. No building permit shall be issued by the city without prior approval of a CUP by the City Council if applicable. When no CUP is required, the applicant shall provide to the city all information as required by division (A) above at the time of application for building permits, in addition to that required by this division (B)(1). Building permits shall not be required for the repair, replacement, adjustment and/or alteration of the elements of antenna arrays if the work does not reduce acceptable safety standards.
(2) A report and plan from a qualified and registered engineer or firm that specifies and includes the following:
(a) The tower height and design including a cross-section and elevation;
(b) The height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(c) The capacity of the tower, including the number and type of antennas that the tower can accommodate;
(d) The steps that the applicant will take to avoid interference with established public safety telecommunications; and
(e) An engineer’s stamp and registration number.
(C) Demonstration of need. The applicant shall provide a diagram showing the cell site configuration illustrating the coverage area of the proposed wireless telecommunication tower and/or antennas. This diagram shall demonstrate the frequency re-use and spacing needs of the wireless system in order to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antenna on an existing structure.
(D) Proof of insurance. The applicant shall provide the city with proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction or collapse of the tower, antennas or accessory equipment. The proof shall be supplied to the city by the wireless telecommunication tower owner or lessee at the time of application and shall be made available to the city from time to time upon its request.
(E) Removal of abandoned or damaged towers. Any wireless telecommunication tower and/or antennas that is not used for one year shall be deemed abandoned and the property owner shall remove the tower and/or antennas in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by M.S. §§ 463.15 through 463.26, as they may be amended from time to time. If the owner fails to remove the tower and/or antenna after one year, it may be removed by the city with the costs of the removal assessed against the property owner of the tower site.
(F) Violations. Deviations from the approved construction plans and CUP is a misdemeanor, punishable as provided in § 10.999 of this code of ordinances.
(Prior Code, § 1124.06) (Ord. 588, passed 02-10-1997) Penalty, see § 160.999