The following standards apply to all telecommunications facilities.
(A) Vertical projection on antenna support structures. Antennas mounted on an antenna support structure must not extend more than 15 feet above the height of the structure to which they are attached. Wall or facade-mounted antennas may not extend above the cornice line and must be constructed of a material or color that matches the exterior of the building.
(B) Horizontal projection. Antennas must not project out from the side of the antenna support structure or tower by more than three feet, except if located in a commercial district.
(C) Setbacks. A tower adjacent to a residential zoning district must meet the building setback that is established for the district where it is to be located, but only from the residential zone. This setback is not required for a tower in a right-of-way. The city may waive this setback requirement if necessary to implement stealth design techniques or if the residentially zoned property is public property. An accessory equipment cabinet that is greater than 120 square feet in size must be at least ten feet from all property lines.
(D) Height. The height of an antenna and tower must be the minimum necessary to meet the applicant's coverage and capacity needs, as verified by an electrical engineer or other appropriate professional. The City Council may waive this requirement if additional height is appropriate for co-location opportunities.
(E) Exterior surfaces. Towers and antennas must be galvanized steel and painted with a colored duplex coating applied in accordance with the American Galvanized Association standards consistent with the surrounding area in: blue, gray, brown, or silver.
(F) Ground-mounted equipment. Ground-mounted accessory equipment or buildings must be architecturally designed to blend in with the surrounding environment, including the principal structure, or must be screened from view by suitable vegetation, except where a design of a non-vegetative screening better reflects and complements the character of the surrounding neighborhood. No more than one accessory building is permitted for each tower. Additional space needed for the co-location of antennas must be added to an existing accessory building in a manner to make it appear as one building. Design of the building or equipment cabinet, screening and landscaping are subject to a site plan review.
(G) Construction. Telecommunications facilities must be in compliance with all building and electrical code requirements. A tower must be designed and certified by an engineer to be structurally sound and in conformance with the building code. Structural design, mounting and installation of the telecommunications facilities must be in compliance with the manufacturer's specifications.
(H) Co-location opportunity. If a new tower over 60 feet in height is to be constructed:
(1) The tower must be designed to accommodate both the applicant's antennas for at least one additional comparable user;
(2) The tower must be designed to accept antennas mounted at additional heights;
(3) The applicant, the tower owner, the landowner, and their successors must allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, must submit a dispute over the potential terms and conditions to binding arbitration, and must sign the conditional use permit agreeing to these requirements. The City Council may waive these co-location requirements if necessary to implement stealth design.
(I) Exterior maintenance. The exterior finish of all towers shall be maintained by the owner/operator in a condition free of rust and surface coating deterioration.
(J) External messages. No advertising message or identification sign larger than two square feet may be affixed to the telecommunications facilities.
(K) Lighting. Telecommunications facilities may not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety or unless necessary to facilitate service to ground-mounted equipment.
(L) Rights-of-way. All telecommunication facilities in a public right-of-way must comply with the following:
(1) Telecommunications facilities located within a right-of-way must not negatively impact the public health, safety and welfare, interfere with the safety and convenience of ordinary travel over the right-of-way, or otherwise negatively impact the right-of-way or its users. In determining compliance with this standard, the city may consider one or more of the following factors:
(a) The extent to which right-of-way space where the permit is sought is available, including the placement of the ground equipment;
(b) The potential demands for the particular space in the right-of-way;
(c) The availability of other locations in a right-of-way that would have less public impact;
(d) The extent to which the placement of the telecommunications facilities minimizes impacts on adjacent property; and
(e) The applicability of ordinances or other regulations of the right-of-way that affect location of equipment in the right-of-way.
(2) The facility, including attachments other than lightning rods, may not exceed 60 feet in height measured from grade in residential and commercial zones, or 75 feet in industrial zones. The City Council may waive this height standard for a facility, used wholly or partially for essential public services, such as public safety;
(3) The support structure for the antennas cannot exceed the diameter of the closest public utility pole by more than 50%, but in no event may exceed 18 inches in diameter;
(4) Antennas and other components must not project out from the side of the support structure by more than two feet in residential and commercial districts or three feet in industrial districts;
(5) The support structure for the antennas must match the materials and color of the closest public utility structures in the right-of-way, if required by the Director of Planning;
(6) Ground mounted equipment will be allowed only if:
(a) The equipment will not disrupt traffic or pedestrian circulation;
(b) The equipment will not create a safety hazard;
(c) The location of the equipment minimizes impacts on adjacent property; and
(d) The equipment will not adversely impact the health, safety, or welfare of the community.
(7) Ground mounted equipment must be:
(a) Set back a minimum of ten feet from the existing or planned edge of the pavement;
(b) Separated from a sidewalk or trail by a minimum of three feet;
(c) Set back a minimum of 50 feet from the nearest intersection right-of-way line;
(d) Set back a minimum of 50 feet from the nearest principal residential structure;
(e) Separated from the nearest ground mounted telecommunication facilities in a right-of-way by at least 330 feet;
(f) No larger than three feet in height above grade and 27 cubic feet in size in residential districts;
(g) No larger than five feet in height above grade and 81 cubic feet in size in non-residential districts; and
(h) Screened by vegetative or other screening compatible with the surrounding area if deemed necessary by the Director of Planning.
(8) The antennas cannot interfere with public safety communications;
(9) The telecommunication facility must be removed and relocated when the road authority requires the removal and relocation of public utility structures; and
(10) Telecommunications facilities within a right-of-way must receive a right-of-way permit from the City Engineer.
(M) On-site employees. There must be no employees on the site on a permanent basis. Occasional or temporary repair and service activities are allowed.
(N) Landowner authorization. When applicable, the applicant must provide written authorization from the property owner. The property owner must sign the conditional use permit agreeing to the permit conditions, agreeing to remove the telecommunication facilities when they are unused, obsolete, or become hazardous, and agreeing to the city's right to assess removal costs under division (O) below.
(O) Removal. Obsolete or unused telecommunications facilities and all related equipment must be removed or made not hazardous within 30 days after written notice to the current owner and to any separate landowner, unless an exemption is granted by the City Council. Notice may be made to the address listed in the application, unless another one has subsequently been provided, and to the taxpayer of the property listed in the Wadena County tax records. Telecommunications facilities and all related equipment not removed within this time limit are declared to be public nuisances and may be removed by the city. The city may assess its costs of removal against the property.
(P) Historic places. No telecommunication tower may be located within 400 feet of the boundary of any property that contains a facility or structure listed on the National Register of Historic Places. Antennas may be located in this restricted area only if they are hidden from the public view.
(Ord. 212, 3rd Series, passed 11-15-2016)