(A) The requirements set forth in this section shall apply to the location and design of all SWFs governed by this chapter as specified below; provided, however, that the city may waive these requirements if it determines that the goals of this chapter are better served thereby.
(B) General requirements. The following requirements shall be met by all SWFs unless otherwise specified by this code:
(1) Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, or on a structure that has multiple uses including temporary or seasonal additional uses, the city may impose reasonable camouflage requirements to accommodate the particular design, appearance, intended purpose, or multiple uses of such structure.
(2) An applicant shall submit design drawings and information explaining how the small wireless facility and the wireless support structure shall blend into the surrounding environment to the maximum extent possible, with consideration given to the use of conforming building materials, color, texture, and screening. The facility and ground-mounted equipment shall minimize exposed cabling and mounting hardware, and shall match the structure it is attached to in color and, as close as practicable, in material and design.
(3) Lighting. SWFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the SWF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.
(4) Placement. Placement, location, and relocation of facilities must comply with M.S. §§ 237.162 and 237.163, with other applicable law, and with Minn. Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(5) Adjacent to single family residential uses. New wireless support structures shall be sited in a manner that evaluates the proximity of the facility to single family residential structures. When placed near single family residential property, the wireless support structure shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the SWF minimized visual impacts equitably among adjacent properties. In the case of a corner lot, the wireless support structure may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting streets. If these requirements are not reasonably feasible from a construction, engineering or design perspective, the applicant may submit a written statement to the Administrator requesting the SWF be exempt from these requirements.
(6) Small wireless special conditions in certain areas. A SWF may be subject to special conditions or requirements pursuant to the city's approved design standards when proposed for installation in an underlying district or area zoned for single-family residential use or in a historic district established by federal or state law or city ordinance.
(7) Setbacks. SWFs shall not impair visual site lines in the ROW. SWFs will be required to have a reasonable setback from the traveled portion of the ROW if the city determines that the proposed location of a SWF in the ROW will impair visual site lines in the ROW.
(C) Additional conditions. The city may impose additional reasonable conditions upon the issuance of the permit and/or the performance of the applicant thereunder, as appropriate to protect the health, safety, and welfare of the city, 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 Chapter 7560 (Pipeline Safety Excavation Notice).
(D) When an applicant proposes to install a new wireless support structure in the public right-of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way, as well as other reasonable requirements not inconsistent with M.S. §§ 237.162 or 237.163.
(Ord. 115, 4th series, passed 5-20-2019)