(A) Commercial relay facilities for cellular telephone data are allowed by conditional use permit in these locations by order of city preference:
(1) One of the two city water towers under a lease with the city;
(2) If a city water tower is certified to be not technically feasible, the next preferred location would be an existing commercial tower;
(3) If options 1 and 2 are not technically feasible or available, the third preference would be a new commercial tower in the I-1 or I-2 zoning district.
(B) Setbacks.
(1) Towers shall not be allowed as a permitted encroachment into the front setback area required for a principal building in the zoning district.
(2) The minimum side or rear yard setback of the base of a tower shall be equal to the required setback of a principal building in the zoning district.
(3) Towers shall be set back 1.5 times the tower height or 150 feet, whichever is greater, from any residential principal building.
(4) Towers shall be set back a distance equal to their height plus 10 feet from any commercial or industrial building.
(5) Towers shall be set back from platted public rights-of-way and from planned public rights-of-way shown in the Waseca Comprehensive Plan by a minimum distance equal to the required principal structure setback in the zoning district.
(6) Variance from minimum setback standards may be considered only after an engineer certifies that the collapse of the tower would occur within a lesser distance.
(7) Setback shall be measured from the base of the tower located nearest the property line and the property line.
(C) Co-location on existing conforming sites. Commercial receiving or transmitting antennas which are co-located on existing conforming freestanding towers or roof- mounted antennas and which do not add to the height of the existing tower shall be reviewed according to the city site plan approval process and shall require a building permit. Co-locations do not require certification by a radio frequency engineer that placement on another site is not technically feasible.
(D) Co-location on existing non-conforming sites. Commercial receiving or transmitting antennas which are co-located on existing legal non-conforming freestanding towers or roof-mounted antennas and which do not add to the height of the existing tower shall be allowed by conditional use permit and a building permit.
(E) Other requirements.
(1) License required. The applicant shall present documentation of the possession of any required license by state, federal or local agencies.
(2) Nonconforming uses. Existing transmitting and receiving facilities at the time of adoption of this section may remain in service. However, at such times any material change is made in the facilities, full compliance with this section shall be required.
(3) Building permit. In addition to other permits or approvals that may be required under this section, a building permit shall be required for the construction of new antennas and towers upon which antennas will be placed and shall include wind loading and strength and footing calculations prepared by a Minnesota registered engineer whenever deemed necessary by the Building Official.
(4) Co-location requirement for new antennas. If a new antenna support structure is to be constructed, it shall be designed so as to accommodate a minimum of two other users including but not limited to other cellular communication companies, local police, and fire and ambulance companies. Any proposals for the construction of a new commercial tower shall include certification from a professional radio frequency engineer that existing tower sites in the city are not technically feasible for the application proposed.
(5) Height requirement. The height of the antenna shall be the minimum necessary to function satisfactorily as verified by an appropriate professional.
(6) Sight lines. Antenna and/or towers shall be located outside the sight lines of offices, buildings or residences to the extent possible.
(7) Climbing discouraged. Antennas, dish antennas or towers shall be protected by a city-approved barrier to discourage climbing by unauthorized persons.
(8) Illumination. Antennas and/or towers shall not be artificially illuminated unless required by law or governmental agency to protect the public’s health and safety.
(9) Color. All antennas shall be of a neutral color and shall not be painted with scenes or contain letters or messages which qualify as a sign or advertising except as may be required by any state or federal regulation.
(10) Abandonment. If for any reason the antenna or tower is abandoned or the height of the antenna and/or tower can be reduced, the antenna, tower or portions thereof must be removed or reduced in height within three months. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover the removal or reduction costs. After removal or reduction, the site shall be restored to its original or an improved state.
(11) Full disclosure of technical data. An application for a conditional use permit will not be considered complete until the applicant fully discloses all technical data requested by the city. Such data includes, but is not limited to the locations, actual or planned, of other antenna towers in the applicant’s system.
(Ord. 1040, passed 1-5-16)