(Source Ordinance No. 27-97, 6-13-1997)

Subd. 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to:

A.

Facilitate the provision of wireless services to the residents and businesses of the City;

B.

Minimize adverse visual effects of towers through careful design and siting standards;

C.

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

D.

Maximize the use of existing and approved towers and buildings to accommodate new wireless antennas in order to reduce the number of towers needed to serve the community.

(Source: Ordinance No. 22-2017, 12-21-2017)

Subd. 2. Prohibition. No tower, antenna or wireless equipment shall be erected, constructed, maintained, altered or used unless in compliance with this section.

(Source: Ordinance No. 22-2017, 12-21-2017; Ordinance No. 3-2014, 2-27-2014)

Subd. 3. Towers in Rural and Residential Zoning Districts. Towers shall be allowed in the Rural and Residential Zoning Districts only as follows:

A.

Towers for amateur radio communication and conforming to all applicable provisions of this Code shall be allowed only in the rear and side yards of rural and residential zoned lots.

B.

Towers for wireless services and conforming to all applicable provisions of this Code shall be allowed only in the properties used as the following:

1.

Parks, when compatible with the nature of the park;

2.

Schools; and

3.

Public streets and rights-of-way when attached to, or part of a public utility structure.

(Source: Ordinance No. 22-2017, 12-21-2017; Ordinance No. 04-2025, § 12, 3-4-2025)

Subd. 4. Height.

A.

The height of a tower shall be determined by measuring the vertical distance from the point of contact with the ground of the tower or the structure to which it is attached (if attached) to the highest point of the tower, including all antennas and other attachments.

B.

In all zoning districts the maximum height of a tower, except those which are public utility structures located within a public street or right-of-way, shall not exceed one (1) foot for each four (4) feet the tower is setback from a Rural or Residential Zoning District up to a maximum height of one hundred fifty (150) feet.

C.

No antenna shall extend more than twenty (20) feet above the highest point of a public utility structure.

Subd. 5. Setbacks and Location. Towers shall conform with each of the following minimum requirements:

A.

Towers, except those which are public utility structures, located within a public street or right-of-way, shall meet the setbacks of the underlying zoning district, except industrial zoning districts where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

B.

Towers, except those which are public utility structures, located within a public street or right-of-way shall not be located between a principal structure and a public street, with the following exceptions:

1.

In industrial zoning districts, towers may be placed within a side yard abutting an internal street.

2.

On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a street.

C.

Towers which are public utility structures located in a public street or right-of-way need not be setback from a street or right-of-way line.

D.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the exiting or proposed structure and extends no more than twenty (20) feet above the highest point of the existing or proposed structure.

Subd. 6. Exceptions. The provisions of Subdivisions 4 and 5 shall not apply to the following:

1.

Water towers and poles supporting emergency warning devices to which are attached antennas.

2.

Place of Worship sanctuaries, steeples and bell towers to which are attached antennas.

3.

In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers for amateur radio communication that comply with other provisions of this chapter relating to towers.

Subd. 7. Co-Location Requirements. All towers for wireless service erected, constructed, or located within the City shall comply with the following requirements:

(Source: Ordinance No. 22-2017, 12-21-2017)

A.

A proposal for a new tower for wireless service shall not be approved unless the City Manager or his designee finds that the antenna or wireless equipment intended to be attached to the proposed tower cannot be accommodated on an existing or approved tower, public utility structure, or building within one (1) mile (one-half (½) mile for towers under one hundred twenty (120) feet in height, one-quarter (¼) mile for towers under eighty (80) feet in height) of the proposed tower due to one (1) or more of the following reasons:

(Source: Ordinance No. 22-2017, 12-21-2017)

1.

The planned equipment would exceed the structural capacity of the existing or approved tower, public utility structure or building, as documented at applicant's expense by a qualified registered professional engineer, and if owned by applicant the existing or approved tower, public utility structure or building, cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

2.

The planned equipment would cause interference materially impacting the usability of the existing or planned equipment at the tower, public utility structure or building as documented at applicant's expense by a qualified registered professional engineer and the interference cannot be prevented at a reasonable cost.

3.

Existing or approved towers, public utility structures and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented at applicant's expense by a qualified registered professional engineer.

4.

Other reasons (including but not limited to economic considerations) that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower, public utility structure or building.

Subd. 8. Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements:

A.

Towers and antennas shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

B.

Towers for wireless service, except those which are public utility structures, shall be of a monopole design unless the City Manager or his designee determines that an alternative design would better blend in to the surrounding environment.

(Source: Ordinance No. 22-2017, 12-21-2017)

C.

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower and then only at such time or times required. Strobe lights shall not be permitted during the hours between sundown and sunrise. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

D.

Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances.

E.

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 or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

F.

The face of an antenna having one (1) face shall not exceed thirty (30) square feet. No face of an antenna having more than one (1) face shall exceed twenty-four (24) square feet per face.

Subd. 9. Wireless Equipment in a Public Right-of-Way. Wireless equipment located in a public right-of- way must meet the following requirements:

(Source: Ordinance No. 22-2017, 12-21-2017)

A.

Location and Setbacks. Wireless equipment shall be located on the ground beside or adjacent to a tower for wireless service and shall meet the following minimum setback requirements:

1.

Ten (10) feet from the existing or planned edge of the pavement;

2.

Three (3) feet from a sidewalk or trail;

3.

Fifty (50) feet from the nearest intersection right-of-way line; and

4.

Fifty (50) feet from the nearest principal residential structure.

B.

Screening. Wireless equipment located in a public right-of-way and possessing one (1) or more of the following characteristics shall be physically screened from all public roads and adjacent differing land uses within a utility cabinet:

1.

Irregular in size and shape;

2.

Exposed and/or protruding fans, grills, pipes, tubes, wires, or vents;

3.

Unfinished metal covering, exposed rivets, or exposed seams.

Screening shall be required at the time of initial installation or at the time of antenna equipment upgrade.

C.

Permit. Wireless equipment that obstructs a public right-of-way shall receive a right-of-way permit from the City or other appropriate road authority.

(Source: Ordinance No. 3-2014, 2-27-2014)

Subd. 10. Interference with Public Safety Telecommunications. No new or existing wireless services shall interfere with public safety wireless telecommunications.

Subd. 11. Required Approval. Except when review and approval is required pursuant to City Code Section 11.47, a tower may not be constructed or increased in size or capacity without the approval of the City Manager or his designee. In the event an application for a tower is disapproved by the City Manager or his designee, the City Manager or his designee shall state the decision, together with the reasons therefor in writing. A notice of, and the written decision shall be given to the applicant by mail at the address stated in the application or such other address as applicant directs by written request to City prior to the giving of such notice. Within thirty (30) days applicant may appeal the decision of the City Manager or his designee to the City's Board of Adjustments and Appeals in accordance with City Code Section 2.26.

(Source: Ordinance No. 20-2023, 12-14-2023)

Subd. 12. Application. An applicant for a permit for the construction of a new tower or alteration of an existing tower including antenna replacement and associated modifications shall make a written application to the City. The application shall include, but not be limited to the following:

(Source: Ordinance No. 10-2018, 5-24-2018)

1.

Name, address, telephone and fax numbers of applicant.

2.

Location of proposed tower, including the legal description.

3.

The locations of all existing towers within one (1) mile of the location of the proposed tower, together with the distances between the existing towers and the proposed tower.

4.

Description of the tower, including its height, size of base, configuration, design, number of antennas to be attached to the tower, potential for additional antennas, color and camouflage treatment and lighting, if any, and materials out of which the tower will be constructed.

5.

A certificate by a qualified registered professional engineer in such form as approved by the City Manager or his designee that the applicant's wireless services equipment cannot be accommodated on an existing tower in accordance with Subdivision 7.A. hereof and a certificate by a qualified registered professional engineer selected or approved by the City Manager or his designee that the wireless services to be accommodated on the proposed tower or increase in size or capacity of an existing tower will not interfere with public safety wireless telecommunications.

6.

The application shall be accompanied by payment of such fees as provided by City Council resolution. Fees shall include reimbursement to City of its costs, including those incurred for consulting and technical advice relating to the proposed tower.

(Source: Ordinance No. 22-2017, 12-21-2017)

Subd. 13. Wireless Support Structures and Small Wireless Facilities in the Public Right-of-Way.

A.

Wireless support structures for the siting of small wireless facilities in the public right-of-way are a permitted use in the public right-of-way in all zoning districts, except the R-1 One Family Residential Districts where they are a conditional use as described in Section 11.41.

B.

No person shall place a wireless support structure or small wireless facility in the public right-of-way unless in compliance with the requirements of Section 6.03.

Subd. 14. Spectrum Act Eligible Facilities Requests. No application to modify an existing wireless structure that meets the definition of an "eligible facilities request" under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the "Act"), shall be approved unless the requested action is in accordance with the requirements of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and then only in accordance with the following:

A.

An applicant shall submit such a request on the form provided by the City. The application form shall require that the applicant provide all information necessary for the City to determine whether the request is an "eligible facilities request" under the Act. Further, the applicant shall include with the application all information, documents, and fees required by Subdivision 12 of this section, a narrative description explaining how the request meets the definition of an "eligible facilities request" under the Act, and such further information deemed necessary by the City to determine whether the request is an "eligible facilities request."

B.

An application for an "eligible facilities request" shall be approved or disapproved by the City Manager or his or her designee in accordance with Subdivision 11 of this section.

C.

"Eligible facilities requests" are not subject to the provisions of this Section 11.39 or any other provisions of Chapter 11 that are contrary to the Act.

(Source: Ordinance No. 20-2023, 12-14-2023; Ordinance No. 15-2020, 11-17-2020)