§ 65.310. Antenna, cellular telephone.

A device consisting of metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of radio waves in wireless telephone communications.

Standards and conditions:

(a)

In residential, traditional neighborhood, Ford and business districts, a conditional use permit is required for cellular telephone antennas on a building less than forty-five (45) feet high or on a freestanding pole, except for existing utility poles or replacement utility poles required for structural reasons that match the size and appearance of the existing utility pole it replaces. In residential and traditional neighborhood districts, existing utility poles or replacement utility poles to which cellular telephone antennas are attached shall be at least sixty (60) feet high unless the antennas are located within a canister of a maximum three (3) feet in height and eighteen (18) inches in diameter that is colored to blend with the pole, in which case the pole shall be at least twenty-five (25) feet high. Conditional use permit review for such antennas will take into account not only the request made by the application, but also any future eligible facility modifications allowed under 47 CFR § 1.40001, such as antennas of a more obtrusive design or placement than the subject application. A conditional use permit is not required for any eligible facility modification allowed under 47 CFR § 1.40001, nor for any "small wireless facility" placement in the public right-of-way that meets the requirements of Minnesota Statutes 237.162 and 237.163 and is not on a new pole in a one-family residential district.

(b)

In residential, traditional neighborhood, Ford and OS-B3 and B5 business districts, the antennas shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached. In B4 business and industrial districts, the antennas shall not extend more than forty (40) feet above the structural height of the structure to which they are attached.

(c)

For antennas proposed to be located on a building less than forty-five (45) feet high in residential, traditional neighborhood, Ford and business districts, or on a new freestanding pole in residential, traditional neighborhood, Ford and business districts, the applicant shall demonstrate that the proposed antennas cannot be accommodated on an existing freestanding pole or an existing structure at least forty-five (45) feet high within one-half (½) mile radius of the proposed antennas due to one (1) or more of the following reasons:

(1)

The planned equipment would exceed the structural capacity of the existing pole or structure.

(2)

The planned equipment would cause interference with other existing or planned equipment on the pole or structure.

(3)

The planned equipment cannot be accommodated at a height necessary to function reasonably.

(4)

The owner of the existing pole, structure or building is unwilling to co-locate an antenna.

(d)

In residential, traditional neighborhood, Ford and business districts, cellular telephone antennas to be located on a new freestanding pole are subject to the following standards and conditions:

(1)

The freestanding pole shall not exceed seventy-five (75) feet in height, unless the applicant demonstrates that the surrounding topography, structures, or vegetation renders a seventy-five-foot pole impractical. Freestanding poles may exceed the above height limit by twenty-five (25) feet if the pole is designed to carry two (2) antennas. A new freestanding pole in the public right-of-way shall not exceed a height of fifty (50) feet.

(2)

Antennas shall not be located in a required front or side yard and, except for "small wireless facility" placement in the public right-of-way that meets the requirements of Minnesota Statutes 237.162 and 237.163, shall be set back one (1) times the height of the antenna plus thirty-eight (38) feet from the nearest residential building.

(3)

Except for "small wireless facility" placement in the public right-of-way that meets the requirements of Minnesota Statutes 237.162 and 237.163, in residential, traditional neighborhood and Ford districts the pole shall be on institutional use property at least one (1) acre in area, and in business districts the zoning lot on which the pole is located shall be within contiguous property with OS or less restrictive zoning at least one (1) acre in area.

(e)

In industrial districts, cellular telephone antennas on a freestanding pole shall not exceed one hundred twenty-two (122) feet in height, shall not be located in a required front or side yard, and shall be set back one (1) times the height of the antenna plus thirty-eight (38) feet from the nearest residential structure.

(f)

Antennas located in historic districts shall be subject to review and approval of the heritage preservation commission.

(g)

Freestanding poles shall be a monopole design.

(h)

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary, it shall be permitted and regulated as an accessory building, section 63.500.

(i)

In residential, traditional neighborhood, business, and Ford districts, antennas, support structures and transmitting, receiving and switching equipment shall blend into the surrounding environment to the greatest extent possible through the use of color, camouflaging architectural treatment, and landscaping where appropriate. Antennas on a structure shall be aesthetically compatible with the structure. Scaled drawings or photographic perspectives showing the antenna, pole and equipment building and a landscape and landscape maintenance plan shall be submitted with the permit application showing compliance with this provision.

(j)

Cellular telephone antennas, poles and supporting structures and equipment buildings that are no longer used for cellular telephone service shall be removed within one (1) year of nonuse.

(Ord 15-19, § 1, 5-13-15; Ord 18-1, § 1, 1-24-18)