The purpose of this section is to establish objective and balanced regulations for the siting, screening and operation of wireless telecommunication facilities and equipment in order to accommodate Wireless Communication systems within the City while minimizing any adverse impacts on the City's natural resources, aesthetics, public spaces, surrounding neighborhood property values, and the general health, safety and public welfare, all as allowed under applicable Federal law. This section recognizes that these wireless communication systems provide a valuable service to the public but that they are not a public utility. The specific purposes of this section are to.

A.

Specify allowed locations of commercial Telecommunication Facilities and Towers in the City;

B.

Protect residential, recreational and park areas from encroachment by commercial operations, including, but not limited to, Telecommunication Facilities and Towers;

C.

Minimize adverse visual impacts of Telecommunication Facilities and Towers through careful design, optimum siting, appropriate landscaping, innovative camouflaging techniques and stealth poles;

D.

Require, where possible, the co-location of Telecommunications Towers and Antennas support structures on Towers or existing structures as a primary option rather than construction of multiple single-use Towers;

E.

Require utilization of technological designs that either eliminate or reduce the need for erection of new Tower structures to support Telecommunications Facilities;

F.

Minimize potential damage to property caused by Telecommunication Facilities and Towers by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound;

G.

Ensure that Telecommunication Facilities and Towers are compatible with surrounding land uses;

H.

Provide development standards for Wireless Telecommunication Facilities that are consistent with the requirements of the Federal Telecommunications Act of 1996, as amended, or other applicable Federal, State and local laws, statutes, ordinances and regulations;

I.

Encourage consistent, high quality telecommunications services throughout the City.

For the purposes of this section, the terms below have the meaning given to them, unless the context clearly indicates a different meaning.

A.

"Accessory Equipment" means the wires, cables, generators, air conditioning units, and other equipment or facilities that are used in conjunction with Telecommunication Facilities and Telecommunication Equipment

B.

"Applicant" means any person or entity who files an application for any permit or is party to any lease agreement required by this Ordinance for the construction, replacement, installation, or alteration of wireless communication facility or any component thereof.

C.

"Antenna" means any exterior transmitting or receiving device mounted on a Tower, Monopole, building, or other structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. "Antenna" does not include a lightning rod.

D.

"Antenna Support Structure" means any new or existing Telecommunications Tower, building, water tower, or electric transmission tower carrying over 200 kilo volts of electricity that can be used for the location of Antennas without increasing the height or mass of the existing structure.

E.

"Engineer" means a radio, electrical, structural, or mechanical engineer licensed by the State of Minnesota.

F.

"Equipment Shelter" means an enclosed structure at the base of or near a Telecommunication Facility, Tower, or Antenna within which are housed, among other things, batteries, generators, air conditioning units, wireless communications or electrical equipment, or other Accessory Equipment, which may be connected to the Telecommunications Facility, Tower or Antenna by cable.

G.

"Co-Location" means the sharing of structures by two or more wireless service providers on a single support structure or otherwise sharing a common location.

H.

"Monopole" means a slender self-supporting Tower used to support Antennas and Accessory Equipment.

I.

"Permit Holder" means a person or entity who holds a permit issued pursuant to this Ordinance for a Telecommunications Facility.

J.

"Public Utility Structure" means a structure which is owned by a governmental agency or utility company and which is used to support illumination devices or lines and other equipment carrying electricity or communications.

K.

"Residential Accessory Communication Devices" means any satellite dishes, television Antennas, radio Antennas, amateur (ham) radio Antennas, and similar communication transmission/reception devices and associated Accessory Equipment that are a permitted accessory use within a residential district.

L.

"Small Wireless Facility" means:

1.

a wireless facility that meets both of the following qualifications:

a)

each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and

b)

all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or

2.

a "Micro Wireless Facility" defined as a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.

(Ord. 782 [8-9-2018])

M.

"Stealth Design" means state-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the visual impact as much as reasonably possible. Examples of stealth design techniques include architecturally screening roof-mounted Antennas and Accessory Equipment; integrating Telecommunications Facilities into architectural elements; nestling Telecommunications Facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the Telecommunications Facilities; and designing Towers to appear other than as Towers, such as light poles, power poles, flag poles, and trees.

N.

"Telecommunications Equipment" means Antennas and Accessory Equipment.

O.

"Telecommunications Facilities" means any facility or location maintained by a commercial enterprise where a Small Wireless Facility, Telecommunications Equipment or a Telecommunications Tower is located.

The following shall not be considered Telecommunication Facilities:

1.

Licensed amateur (ham) radio Antennas, regulated under Section 931.11 below.

2.

Television Antennas and satellite dish Antennas for reception within individual homes or businesses, regulated under Section 801.31.11 below.

3.

Temporary Telecommunication Facilities placed in service during an emergency declared by a government agency or for special events requiring wireless service capacity or coverage that is not available from existing Telecommunication Facilities.

P.

"Telecommunications Tower" or "Tower" means any of the following. a ground or roof mounted pole; spire; free standing, self-supporting lattice or monopole structure; or combination thereof taller than 25 feet, including, but not limited to, supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an Antenna, meteorological device, or similar apparatus above grade (except amateur radio Antennas).

Q.

"Wireless Communications" means any personal wireless services as defined in the Federal Communications Act of 1996, including FCC licensed commercial wireless Telecommunications services including, but not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communication (GSM), paging and similar services that currently exist or may be developed.

(Ord. 782 [8-9-2018])

A.

Existing Telecommunications Equipment located on or attached to an existing Antenna Support Structure, prior to the adoption of this Ordinance, are regulated by the provisions of the zoning district for each such parcel containing said Antenna Support Structure. Once the leases for existing Telecommunications Equipment expire or are otherwise terminated, the owner of the Telecommunication Equipment shall apply for a Telecommunication Facilities Permit or Conditional Use Permit as outlined in Section 931.04 of this Ordinance, and the existing Telecommunications Equipment shall be required to conform to all requirements of this Ordinance for new Telecommunication Facilities. The City may, among other remedies, require relocation of Telecommunications Equipment, at the owner's expense, to permitted areas under this Ordinance.

B.

Eligible Facilities Request. Notwithstanding the above, nothing in this Section 3 shall be read to allow the City to prohibit a Telecommunication Facilities Permit based solely upon a request by the owner/operator for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and is otherwise an "eligible facilities request" under 47 USC 1455(a) and 47 CFR 1.40001(c), as the same may be amended.

All Telecommunications Facilities shall be constructed and maintained in accordance with the following standards.

A.

Telecommunication Facilities Permit. Prior to the construction or operation of the following types of Telecommunications Facilities, the owner and operator of the Telecommunications Facility must obtain a permit for the Telecommunications Facilities according to the provisions of this Ordinance, termed a "Telecommunications Facilities Permit."

1.

New Telecommunications Equipment may be located on a Telecommunications Tower allowed under Section 931.04.B.1 that has an approved Conditional Use Permit only if the Applicant complies with the following requirements.

a)

The Applicant shall provide documentation and/or an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the Telecommunications Equipment is necessary to meet the coverage and capacity needs of its system. The Applicant shall provide a network map describing all of the Applicant's Telecommunications Facilities which provide any coverage within the City's limits. The documentation and/or analysis shall also show the Telecommunications Equipment would not cause interference with other existing or approved Telecommunications Equipment. The Applicant shall also pay the reasonable expenses of a radio or electrical engineer retained by the City, at the City's option, to review this analysis;

b)

The Telecommunications Equipment shall use as many Stealth Design techniques as reasonably possible and include non-proprietary information on Stealth Design technology. Economic considerations or hardships shall not be the sole justification for failing to provide Stealth Design techniques.

B.

Conditional Use Permit. Telecommunication Facilities, except for Small Wireless Facilities, which are subject to Section 315 of this Code, may not be located on any locations other than those that are designated in Section 931.04.A unless the Applicant first obtains a Conditional Use Permit for the Telecommunications Facility. The Telecommunications Facility must comply with the provisions of this section, and the provisions of Section 904.02.F of this Ordinance.

(Ord. 782 [8-9-2018])

1.

Telecommunications Towers shall be located only on the following parcels owned and/or controlled by the City of Wayzata.

a)

The Telecommunications Tower and Antenna, including attachments other than lightning rods, shall not exceed 150 feet in height, measured from grade. The City Council may, but shall not be required to, increase this height up to 190 feet if the Council finds the increase in height would not have a significant visual impact, would not have a negative property value impact on surrounding properties because of proximity, topography or screening by trees or buildings or would accommodate two or more users. The City Council may waive this height limitation for a Telecommunications Tower and/or Antenna if used wholly or partially for essential public services, such as public safety.

b)

The Telecommunications Tower shall use as many Stealth Design techniques as reasonably possible and include non-proprietary information on stealth design technology. Economic considerations or hardships shall not be the sole justification for failing to provide Stealth Design techniques.

2.

Telecommunications Facilities or Equipment meeting the definition of "Small Wireless Facility" may be attached to an existing Public Utility Structure or otherwise installed within a right-of-way in accordance with Chapter 315 of this Code. Telecommunications Facilities or Equipment not meeting the definition of a "Small Wireless Facility" may be attached to an existing Public Utility Structure within a right-of-way according to the following standards:

(Ord. 782 [8-9-2018])

a)

The Antenna shall not extend more than 15 feet above the top of the existing Public Utility Structure.

b)

The Antenna shall be no larger than three cubic feet and has no individual surface larger than four feet.

c)

The Antenna shall not extend outward from the utility structure by more than three feet.

d)

There shall be no ground mounted equipment as long as the existing Public Utility Structure is available for the mounting of such equipment.

e)

There shall be no interference with public safety communications or with the original use of the Public Utility Structure.

f)

The Applicant shall agree that the Telecommunications Equipment must be removed and relocated, at the Applicant's expense, if the road authority requires the removal and relocation of the Public Utility Structure.

3.

Telecommunications Equipment may be attached to an existing building according to the following standards.

a)

The Applicant shall provide documentation and/or an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the Telecommunications Equipment is necessary to meet the coverage and capacity needs of its system. The Applicant shall provide a network map describing all of the Applicant's Telecommunications Facilities which provide any coverage within the City's limits. The documentation and/or analysis shall also show the Telecommunications Equipment would not cause interference with other existing or approved Telecommunications Equipment. The Applicant shall also pay the reasonable expenses of a radio or electrical engineer retained by the City, at the City's option, to review this analysis;

b)

The Telecommunications Equipment shall use as many Stealth Design techniques as reasonably possible. Economic considerations or hardships shall not be the sole justification for failing to provide Stealth Design techniques;

c)

The building upon which the Antenna is attached to, shall be located on a parcel of land zoned C-1 Office and Limited Commercial District, C-3 Service District, or PUD Planned Unit Development, and the building upon which the Antenna is to attached to must be located within 300 feet of the Wayzata Blvd East right-of-way.

The City Council may, at its sole discretion, consider other sites if the Applicant demonstrates that all other sites that comply with the zoning district and distance requirements above have been considered and deemed infeasible to provide adequate coverage and/or capacity to a significant portion of the City of Wayzata. CUPs for other sites may be approved only after the Applicant demonstrates that there is no other location that complies with the zoning district and distance requirements above that the Telecommunications Equipment could be located on, and provide substantially the same coverage. In no case can Telecommunications Equipment be located in any residential zoning district, or on parcels of land guided in the Comprehensive Plan for Parks or Public Open Space.

d)

The Antenna shall be attached to the facade of the building or attached on or within a rooftop screening wall (i.e., Section 909.10). A facade mounted Antenna shall not extend above the cornice line and a rooftop or screening wall mounted Antenna shall not extend more than 15 feet above the screening wall. Facade and screening wall mounted Antenna shall, as closely as possible, match the color of the underlying building material.

e)

Accessory Equipment shall be entirely located within an existing structure or within rooftop parapet screening walls whenever possible. If a new equipment building is necessary, it shall be situated to the rear or side of the principal use and shall be screened from view by landscaping where appropriate. If a new equipment building is necessary, the building shall be constructed of materials and color scheme compatible with the principal building.

C.

Eligible Facilities Request. Notwithstanding the above, nothing in this Section 4 shall be read to allow the City to prohibit any approval under this Section based solely upon a request by the owner/operator for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and is otherwise an "eligible facilities request" under 47 USC 1455(a) and 47 CFR 1.40001(c), as the same may be amended.

All Telecommunications Facilities must comply with the following standards (although nothing in this Section 5 shall be read to allow the City to prohibit a Telecommunication Facilities Permit based solely upon a request by the owner/operator for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and is otherwise an "eligible facilities request" under 47 USC 1455(a) and 47 CFR 1.40001(c), as the same may be amended).

A.

Vertical Projection on Antenna Support Structures. Antennas mounted on an existing Antenna Support Structure shall not extend more than 15 feet above the height of the structure to which they are attached. Wall or facade-mounted Antennas shall not extend above the cornice line and shall be constructed of a material or color that matches the exterior of the building.

B.

Horizontal Projection. Antennas shall not project out from the side of the existing Antenna Support Structure, Telecommunications Tower, or wall or facade by more than three feet.

C.

Fall Zone Analysis. The Applicant must submit a fall zone analysis report completed by a qualified and licensed engineer that shows the Telecommunications Facilities do not pose a threat to general health, safety and welfare of the City.

D.

Setbacks. Telecommunications Facilities shall meet the building setback that is established for the zoning district where it is to be located, and the following additional standards.

1.

A Telecommunications Tower shall be set back from all residential property lines at least one foot for each foot in height, but shall have a minimum setback of at least 100 feet. The Tower setbacks may be increased by the City Council dependent on the results of the engineered fall zone analysis report submitted by the Applicant as part of the permit application.

2.

Towers and Telecommunications Equipment shall not encroach upon any easements unless written permission is obtained from the underlying property owner burdened by the easement and the beneficiary of the easement.

3.

The required setbacks may be reduced or the location in relation to a public street modified, at the sole discretion of the City Council, when the Telecommunications Equipment is integrated into an existing or proposed structure such as a building, light or utility pole.

E.

Height. The height of an Antenna and/or Telecommunications Tower shall be the minimum necessary to meet the Applicant's coverage and capacity needs, as verified by an electrical engineer or other appropriate professional. Any new or replacement Tower and Antenna, including attachments other than lightning rods, shall not exceed 150 feet in height, measured from grade. The City Council may, but shall not be required to, increase this height up to 190 feet if the Council finds:

1.

The increase in height would not have a significant visual impact;

2.

Would not have a negative property value impact on surrounding properties because of proximity, topography or screening by trees or buildings; or

3.

Would accommodate two or more users.

F.

Exterior Surfaces. Towers and Antennas shall be painted a non-contrasting color consistent with the surrounding area such as blue, gray, green, brown, or silver, or have a galvanized finish to reduce visual impact. Metal Towers shall be constructed of, or treated with, corrosion-resistant material.

G.

Ground-Mounted Equipment. Ground-mounted Accessory Equipment and/or equipment storage facilities shall be architecturally designed to blend in with the surrounding environment, including the principal structure and/or shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and compliments the character of the surrounding neighborhood. No more than one Equipment Shelter or accessory building is permitted for each Tower. Equipment Shelters or accessory buildings shall be designed to accommodate additional space needed for the co-location of additional Antennas at the site. The additional space must either be built within the first shelter/building or that shelter/building must be designed to allow for future expansions and/or additions. Design of the building or equipment cabinet, screening, and landscaping are subject to applicable Design Standards criteria under Chapter 909 of the Wayzata Zoning Ordinance. The Applicant shall be responsible for maintaining the structure in a high-quality condition. If the Applicant abandons or vacates the structure, it shall be forfeited to the City or torn down by the Applicant at their expense, at the discretion of the City Council.

H.

Construction. Telecommunications Facilities shall be in compliance with all buildings and electrical code requirements. All applicable federal, state and local agency licenses and/or permits shall be obtained. A Telecommunications Tower shall be designed and certified by a licensed structural engineer to be structurally sound and in conformance with the building code. Structural design, mounting and installation of the Telecommunications Facilities shall be in compliance with the manufacturer's specifications. If, upon inspection, the City concludes that a Tower or other portion of a Telecommunications Facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the Telecommunication Facility or Tower, the owner shall have 30 days to bring such Tower or Telecommunication Facility into compliance with such standards. Failure to bring such Tower or Telecommunication Facility into compliance with such 30-day period shall constitute grounds for the removal of the Tower or Telecommunication Facility at the owner's expense.

I.

Interference with Public Safety Telecommunications. No Telecommunications Tower or Telecommunications Facility shall interfere with public safety Telecommunications. All Towers and Telecommunication Facilities shall comply with FCC regulations and licensing requirements.

J.

Security Fencing and Screening. Telecommunication Facilities and Towers shall be enclosed by security fencing not less than the height of the equipment located therein and shall also be equipped with an appropriate anti-climbing device. Fencing within 100 feet of a residential or parking property shall be constructed of a well-designed fence of wood or other environmentally sound material, and be compatible with the surrounding character of the area. The Telecommunication Facilities and Towers shall also include a landscape screen, at least six in height, around the perimeter of equipment area, as approved by the City Council.

K.

Other Protections. The City may require shields to protect from ice falling from Towers, anti-climbing devices to prevent unauthorized persons from climbing Towers, or other appurtenances necessary to protect life and property.

L.

Noise. If the proposed Telecommunications Facility includes equipment that causes significant sound levels, sound buffers may be required including, but not limited to, baffling, barriers, enclosures, walls and plantings. The Applicant shall submit an acoustical analysis (measured to the property line) and report prepared by a licensed and/or accredited sound engineer certifying that the noise to be generated from the proposed Telecommunication Facility shall not impact adjacent properties. Said report shall include, without limitation, a written description of all noise generated by the Facility, including retractable monopole motors, Antenna rotators, power generation, heating or air conditioning, and related equipment, and shall include the estimated times, frequency, duration and decibel levels of the noise. All equipment shall conform to Minnesota Pollution Control Agency decibel standards.

M.

Sensitive Habitats. No Telecommunication Facility shall be located in environmentally sensitive habitats, including, but not limited to, wetlands, shorelines, established animal habitats, conservation districts, and significant tree groups, unless mitigation measures can be adopted which would reduce potential impacts to levels of non-significance.

N.

Radio Frequency Emissions. Telecommunications Facilities shall comply with Federal Communication Commission standards for radio frequency emissions and interference.

O.

Interference. No Telecommunication Facility shall be permitted that causes interference with commercial or private use and enjoyment of other legally operating telecommunications devices including, but not limited to, radios, televisions, personal computers, telephones, personal communications devices, garage door openers, security systems, and other electronic equipment and devices in violation of any Federal Communication Commission standards relating to radio frequency interference. Unless otherwise prohibited by Federal Communication Commission standards, an Applicant shall furnish a state registered engineer's certification that no such interference shall occur, or identify what interference may occur and how the Applicant shall mitigate any potential interference that may occur.

P.

Risk of Danger. Telecommunications Facilities and Towers shall not pose a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive or hazardous materials. Telecommunication Facilities, Towers, Antennas, and Accessory Equipment shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such Facilities. If new, more restrictive standards are adopted, the Facilities shall be made to comply or continued operations may be restricted by the City Council. The cost of verification of compliance shall be borne by the Applicant.

Q.

Maintenance. All Telecommunication Facilities and Towers shall at all times:

1.

Be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person; and

2.

Allow sufficient access for service vehicles and personnel. Maintenance of equipment shall be scheduled for between 7.00 a.m.—6.00 p.m., Monday through Friday, unless in case of emergency or otherwise agreed to by the City. Service vehicles for equipment maintenance shall be parked on city streets, unless paved and screened off-street is available at the site. In the case of maintenance of Telecommunication Facilities on the City Water Tower, service vehicles shall park on the service entrance of the City Water Treatment Plant, whenever possible.

R.

Co-Location Opportunity. The Applicant, the Tower owner, the landowner, and their successors and assigns shall allow the shared use of the Tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, shall submit a dispute over the potential terms and conditions to binding arbitration, and shall sign the Conditional Use Permit agreeing to these requirements. The City Council may waive these co-location requirements if necessary to implement stealth design.

1.

All Telecommunications Facility providers shall cooperate with each other in co-locating Telecommunication Facilities and shall exercise good faith in co-locating with other licensed carriers and in the sharing of sites, including the sharing of technical information necessary to evaluate the feasibility of collocation. In the event a dispute arises as to a co-location issue, the City may require a third-party technical study to evaluate the feasibility of co-locating at the expense of each wireless telecommunications providers involved in the third-party study;

2.

All proposed new Telecommunications Towers shall be designed to accommodate both the Applicant's Antennas and Antennas for as many other licensed carriers as can be technically located thereon, but not less than one additional;

3.

All new Telecommunications Facilities and Towers owned by a telecommunications provider shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically located thereon, but not less than one additional;

4.

All proposed new Telecommunications Towers shall be designed to allow for future rearrangement of Antennas or Tower modifications, and to accept Antennas mounted at varying heights unless the City otherwise agrees in order to accommodate Stealth Design techniques;

S.

Successors and Assigns. Any Permit or lease for a Telecommunications Facility shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns.

T.

External Messages. No advertising message or identification signs, other than warning or equipment information signs as legally required, shall be affixed to the Telecommunications Facilities.

U.

Lighting. Telecommunications Facilities or Towers shall 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. Any lighting or artificial illumination utilized shall be shielded and not cast glare onto adjacent properties. All lighting shall be measured to the property line.

V.

On-Site Employees. There shall be no employees on the site at a Telecommunications Facility on a permanent basis. Occasional or temporary repair and service activities are allowed.

W.

Advances in Stealth Technology. Whenever an applicant proposes to install and/or replace antennas or other telecommunications equipment, the Applicant shall submit a report describing all available technology for installation or replacement. The report shall include the purpose of equipment to be installed (expand coverage, expand capacity, expand bandwidth, etc.) and the performance specifications and physical dimensions of the equipment. The report conclusions must provide an analysis of performance versus visual impacts and/or stealth technology. The City retains the right to evaluate the reports analysis and perform a third party technical review at the applicants cost. The City shall have the ability to require the stealth or lower visual profile equipment based on the third party technical recommendation.

X.

Removal. After 120 days' notice from the City to the Permit Holder all Telecommunications Facilities, Antennas, or Towers shall be required to be removed at the Permit Holder's expense, if such improvement is found to be in violation of any portion of this Ordinance by the City and such violation is not cured within such 30-day time period. Obsolete or unused Telecommunications Facilities and all related equipment shall be removed within six months after cessation of their use at the site, unless an exemption is granted by the City Council. Telecommunications Facilities and related equipment that have become hazardous shall be removed or made not hazardous within 30 days after written notice to the current Permit Holder 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 Hennepin County tax records. Telecommunications Facilities and all related equipment that are not removed within this time are declared to be public nuisances and may be removed by the City. The City may assess its costs of removal against the Property.

Y.

No Recourse Against the City. Every permit shall provide that, without limiting such immunities as the City or other persons may have under applicable law, an Applicant/Permit Holder shall have no monetary recourse whatsoever against the City or its elected officials, boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage arising out of any provision or requirement of this Ordinance or because of the enforcement or lack of enforcement of this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, a lease, or other applicable law, unless the same shall be caused by criminal acts or by willful gross negligence. Nothing herein shall be construed as a waiver of sovereign immunity.

A.

An application for a Telecommunications Facility Permit for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station shall include information sufficient to demonstrate that the modification meets the standards set forth in 47 CFR 1.40001.

B.

For all other applications for Telecommunications Facilities, including Telecommunication Facilities Permit or Conditional Use Permit, the following requirements apply. In addition to an Applicant's name, address, certificate of survey, grading and landscaping plans, and other such similar information, an application for a permit under this Section shall include the following.

1.

A scaled site plan clearly indicating the location, type and height of the proposed Telecommunication Facility, Tower, or Antenna, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed equipment and any structures, topography, parking and any other information deemed by the City Staff to be necessary to assess compliance with this Section.

2.

A visual simulation of the proposed Telecommunication Facility Tower or Antenna. Visual simulation shall consist of either a physical mock-up of the Telecommunication Facility Tower or Antenna, balloon simulation, computer simulation, photo simulation, or other similar simulation. In instances where the proposed Telecommunications Facility Tower or Antenna is located near a residential area, photo simulations shall be submitted of the proposed Telecommunication Facility Tower or Antenna from the nearest residential neighbors unless the owners of such residential property refuse to allow the required photo to be taken.

3.

A report from a qualified and licensed professional engineer which.

a)

Demonstrates that the Telecommunication Facility, Tower, Antenna and/or Accessory Equipment comply with the structural and electrical standards of this Section.

b)

Describes the Tower height, if utilized.

c)

Documents the height above grade for all potential mounting positions for co-locating Antennas and the minimum separation distance between Antennas.

d)

Describes the Tower's capacity, if utilized, including the number and type of Antennas it can accommodate.

e)

A network map describing all of the Applicant's Telecommunications Facilities which provide any coverage within the City's limits.

f)

Documents what steps the Applicant shall take to avoid interference with established public safety Telecommunications.

g)

Includes an engineer's stamp and registration number.

4.

A written statement acknowledging that failure to comply with this Section and the conditions of permit approval shall result in the revocation of the permit and removal of the Telecommunications Facility, Antenna, and/or Tower;

5.

Documentation that the Applicant has applied for and/or obtained any licenses and/or approvals that are required by federal and state agencies.

6.

A written statement indicating that the expenses incurred by the City to review and process the application, and to enforce the provisions of the permit shall be reimbursed by the Applicant.

7.

A written statement which requires the Applicant to utilize the procedures established by the Federal Communications Commission to resolve any complaints received relating to interference allegedly caused by the Telecommunications Facility, Antenna, and/or Tower.

8.

A written statement indicating that the Applicant shall cooperate in good faith and fair dealing in co-locating Telecommunications Facilities, Antenna and/or Towers.

9.

A written statement indicating that the Telecommunications Facility, Antenna, and/or Tower shall be maintained in good and safe condition and its original appearance and concealment, disguise or camouflage elements incorporated into the design at the time of approval shall be preserved. Such maintenance shall include, but not be limited to, painting, repair of equipment, and maintenance of landscaping.

10.

A written statement authorizing the City to conduct periodic inspections to determine that the Telecommunications Equipment complies with the provisions of this Section, any conditions of approval and all safety and building codes and permits issued. This statement shall give the City the right to conduct such inspections at any time upon a reasonable notice of five business days to the Applicant, and that all expenses related to such inspections shall be borne by the Applicant.

11.

A written statement indicating that the Applicant understands that Telecommunications Facilities, Antennas, and/or Towers which have not been used for six months shall be deemed abandoned, and shall be removed pursuant to this Section.

12.

A written statement requiring the Applicant or current Permit Holder to notify the City that the Telecommunications Facility, Antenna, and/or Tower continue to be in operation. The notice of continuing operation shall be sent to the City Manager annually by certified mail within the last two weeks of the month of December. The City shall provide written notice of failure to provide the required statement with a requirement that such statement be provided within 14 days from the date of such notice.

C.

Telecommunications Facilities Permit. The Zoning Administrator may review an application for a Telecommunication Facilities Permit, according to the following procedures.

1.

Standards of Review. The review of a Telecommunications Facilities Permit is subject to the standards outlined in Section 931.04 for the type of Telecommunications Facility being proposed, and the General Standards for Telecommunication Facilities outlined in Section 931.05.

2.

Decision. The Zoning Administrator will render a decision of approval or denial within 60 days, and serve a copy of the decision to the Applicant by mail.

3.

Term of Approval. If approved by the Zoning Administrator, the work authorized under a Telecommunications Facility Permit must be completed within six months after the date of its issuance, or the permit shall become null and void.

4.

Appeal. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official interpreting or applying this Section, except for actions taken in connection with prosecutions for violations thereof, the Applicant or any other person affected by such action may appeal the decision in accordance with the provisions Chapter 906 of this Ordinance.

D.

Conditional Use Permit. The City shall process all applications for Conditional Use Permits in a timely manner and in accordance with established procedures and City Code Chapter 904.

A material breach of any terms and conditions of a permit issued for a Telecommunication Facility under this Section and the Zoning Ordinance may result in the revocation of the permit by the City. Penalties for a violation of a permit or this Section may include fines and removal of the Telecommunication Facility, Tower, or Antenna at the Applicant's/Permit Holder's expense.

Every application for and issued permit shall provide a written acknowledgement, agreement and release from the Applicant and Permit Holder that, without limiting such immunities as the City or other persons may have under applicable law, an Applicant and Permit Holder shall have no monetary recourse whatsoever against the City or its elected officials, boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage arising out of any provision or requirement of this Ordinance or because of the enforcement or lack of enforcement of this Ordinance or the City's exercise of or failure to exercise its authority pursuant to this Ordinance, a permit, a lease, or other applicable law, unless the same shall be caused by criminal acts or by gross negligence. Nothing herein shall be construed as a waiver of sovereign immunity.

Each permit issued pursuant to this Section shall have as a condition of the permit, a requirement that the Applicant indemnify and hold harmless the City and its officers, agents, and employees from actions or claims of any description brought on account of any injury or damages sustained by any person or property resulting from the issuance of the permit and conduct of the activities authorized under said permit.

If any section, subsection, sentence, clause or phrase of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this Section and each section, subsection, sentence, clause , and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.

Residential Accessory Communication Devices are a permitted accessory use within residential districts provided they meet the following conditions.

A.

Use. They are for use by residents upon whose property the Residential Accessory Communication Devices are located.

B.

Height. A ground mounted Residential Accessory Communication Device height shall not exceed 15 feet unless approved as a Conditional Use Permit by the City Council.

C.

Yards. The Residential Accessory Communication Device shall not be located within the required front yard setback, a required side yard or any side yard abutting a street. Communication devices shall be located five feet or more from rear lot lines and shall not be located within a utility easement.

D.

Roofs. The Residential Accessory Communication Device may be placed on the roof of any authorized structure on the premises. The height of the Residential Accessory Communication Device shall not exceed 6½ feet above the peak of the roof, unless approved by a Conditional Use Permit by the City Council.

E.

Neighboring Property Impact. In cases where no building permit is required, the Residential Accessory Communication Device shall be so located that in the event it falls, it shall not fall on adjoining property.

F.

Building Permits. A building permit shall be required for the installation of any Residential Accessory Communication Device which requires a Conditional Use Permit, or for any device which has a structural surface exposure of greater than nine square feet. Building permit applications shall be accompanied by a site plan and structural components data for the Residential Accessory Communication Device, including details of anchoring. The Building Official shall approve the plans before installation.

G.

Color/Content. Residential Accessory Communication Devices shall be of a neutral color and shall not be painted with scenes or contain letters or messages.

H.

Lightning Protection. Each Residential Accessory Communication Device shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Wayzata.

I.

Electrical Code. Residential Accessory Communication Device electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of Wayzata.

J.

Effective Date. The provisions of this Section shall be applicable to all communication reception/transmission devices erected after January 5, 2016. All such structures existing prior to this date shall be addressed as legal non-conforming uses.

K.

Conditional Use Permit. Residential Accessory Communication Devices not qualifying as a permitted accessory use may be considered and approved through conditional use standards established by Chapter 904 of this Ordinance.