The purpose of this section is to establish predictable and balanced regulations for the siting and placement of telecommunications facilities, including wireless equipment within public rights-of-way.

The City holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. The uncontrolled and unregulated placement of telecommunication equipment in the right-of-way may cause obstruction to pedestrian and vehicular traffic; thereby endangering the public health and safety. This section establishes the City's minimum requirements for locating telecommunication facilities within public rights-of-way in a manner that does not jeopardize the public health, safety and general welfare.

The placement of any telecommunication equipment, except small wireless facilities and wireless support structures as defined and regulated in Chapter VIII of the City Code, in the public right-of-way shall require a permit subject to the approval of the City Engineer and Zoning Administrator and shall be processed according to the following:

Subd. 1.

Prior to the installation of any telecommunication equipment, the owner of such service shall file with the City, the application form and fee, maps, site plans and other pertinent information as deemed necessary by the City for review of the proposed project.

Subd. 2.

All wireless communication poles, antennas, radio receivers and transmitters shall comply with the following standards:

(a)

Antennas and radio transmitter and receiver devices shall be permitted on all electrical transmission towers, and on existing utility and light poles that do not exceed sixty (60) feet in height.

(b)

The replacement or extension of a utility or light pole shall be permitted provided the height of the replaced or extended pole does not exceed the height of the original utility or light pole by more than one hundred (100) percent. Furthermore, in no case shall a replaced or extended pole have an overall height exceeding sixty (60) feet, including antennas, lightning rods, or any other attachments thereto.

(c)

The replacement or extension of a utility or light pole shall be permitted provided the diameter of the replaced or extended pole does not exceed the diameter of the original utility or light pole by more than fifty (50) percent. Furthermore, in no case shall a replaced or extended pole have a diameter exceeding twelve (12) inches.

(d)

If feasible and desirable, as determined by the Zoning Administrator, the replacement or extension of a utility or light pole shall match the original and surrounding utility or light poles in materials and color.

(e)

Antennas and radio transmitter and receiver devices shall not extend more than twenty- four (24) inches from the pole.

(f)

An application to locate wireless antennas and equipment in the right-of-way shall not be approved unless the applicant demonstrates that the antennas cannot be accommodated on an existing tower, building, or structure located outside of a public right-of-way within an one-half (1/2) mile search radius, subject to the criteria and standards provided in Section 21175.04 of this Chapter.

(g)

Wireless antennas and equipment located in the right-of-way abutting residentially zoned property shall be prohibited, unless the applicant demonstrates by providing a coverage or capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in the right-of-way abutting a less restrictive zoning district.

(h)

Radio transmitters and receivers attached to an existing utility pole or light standard shall be exempt from items (f) and (g) above, provided the following conditions are met:

(1)

Transmitter and receiver devices do not exceed two (2) cubic feet.

(2)

Transmitter and receiver devices do not extend more than eighteen (18) inches from the pole or any existing attachments to the pole.

(3)

Any antennas do not extend more than twenty-four (24) inches from the equipment.

(4)

There is no ground-mounted equipment or structures.

(i)

All ground mounted accessory equipment shall be set back at least fifty (50) feet from the nearest principal residential structure.

(j)

All ground mounted equipment shall not exceed five (5) feet in height or twenty (20) square feet in size, and shall be located as far as possible, but at least five (5) feet from the road surface.

(k)

In addition to receiving the necessary permits and approvals, the City may require the applicant to enter into an encroachment agreement.

(Amended by Ord. No. 2002-32, 11/26/02)

Subd. 3.

Wireless facilities are exempt from the provisions of Section 735 of the City Code.

Subd. 4.

Upon determining compliance with the provisions of the City Code and Comprehensive Plan, the City shall issue a permit for the installation and operation of any structure or equipment.

Subd. 5.

The City may deny a permit or attach conditions to the permit approval to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. 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.

(b)

The competing demands for the particular space in the right-of-way.

(c)

The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant.

(d)

The preservation of the right-of-way for uses that, due to their physical nature, do not have the option of locating on private property.

(e)

The applicability of ordinances or other regulations of the right-of-way that affect location of equipment in the right-of-way.

Subd. 6.

The decision to either grant or deny a permit may be appealed to the City Council within ten days after the City's written decision. The appeal shall be processed under the rules set forth in Section 21035 of this Chapter.

Subd. 7.

The permittee shall notify the City upon completion of the work specified in the permit.

The following require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5 and 21015.04 of this Chapter.

Subd. 1.

Poles and towers used exclusively for the placement of wireless antennas, provided the following conditions are met:

(a)

The pole or tower shall not exceed seventy-five (75) feet in height including antennas, lightning rods, or any other attachments thereto.

(b)

The pole or tower shall not exceed eighteen (18) inches in diameter.

(c)

The applicant demonstrates that the antennas cannot be accommodated on an existing tower, building, structure, or on an existing, replaced, or extended utility or light pole located within or outside of a public right-of-way within a one-half (1/2) mile search radius, subject to the criteria and standards provided in Section 21175.04 of this Chapter.

(d)

The pole or tower complies with the applicable standards and criteria set forth in Section 21175.02, in Section 21177.02, Subd. 2, and in Section 21180 of this Chapter.

(e)

Wireless support structures for the sitting of a small wireless facility in a right-of-way in districts or in areas that are not zoned for single family residential use or within a historic district established by federal or state law of City ordinance as of the date of application for a small wireless facility permit are exempt from this subdivision.

Subd. 2.

Ground mounted equipment that exceeds the size limit specified in Section 21177.02, Subd. 2. (j)., except that small wireless facilities are exempt from this subdivision.

Subd. 3.

Wireless support structures for the sitting of a small wireless facility in the right-of-way in a district or area zoned for single family residential use or within a historic district established by federal or state law or City ordinance as of the date of application for a small cell wireless permit.

(Amended by Ord. No. 2017-24, 11/28/17)

Wireless support structures and small wireless facilities located in the public right-of-way are subject to the following height limitations:

(a)

A wireless support structure installed in the right-of-way after May 31, 2017 shall not exceed 50 feet above ground level;

(b)

A wireless support structure that replaces an existing wireless support structure that is higher than 50 feet above ground level may be placed at the height of the existing wireless support structure; and

(c)

Wireless facilities constructed in the right-of-way after May 31, 2017 shall not extend more than ten feet above an existing wireless support structure in place on May 31, 2017.

(Amended by Ord. No. 2000-08, 02/29/00; Ord. No. 2001-06, 02/13/01; Ord. No. 2002-32, 11/26/02; Ord. No. 2005-01, 01/11/05; Ord. No. 2017-24, 11/28/17)