2019-06-12 CC Packet - Laserfiche WebLink

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§ 93.19 ISSUANCE OF PERMIT; CONDITIONS. (A) Permit issuance. If the applicant has satisfied the requirements of this subchapter, the city shall issue a permit. (B) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare of the public or when necessary to protect the right-of-way and its current use. (C) Small wireless facility conditions. Subject to a required city issued permit and pursuant to Minn. Stat. § 237.163, subd. 2(f), the placement of small wireless facilities and wireless support structures to accommodate small wireless facilities is a permitted use in a public right-of-way, provided however that a special or conditional land use permit is required to install a new wireless support structure for the siting of a small wireless facility in a 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 wireless facility permit. This paragraph does not apply to areas outside a public right-of-way that are zoned and used exclusively for single-family residential use. In addition to the above paragraph of this clause (c), as applicable, and to clause (b) above, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: (1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city's written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility constructed in the right-of-way after \[MONTH DAY OF IMPLIMENTAION, 2019\] may extend more than ten feet above its wireless support structure in place as of \[MONTH DAY OF IMPLIMENTAION, 2019\]. (4) Where an applicant proposes to install a new wireless support structure in the right-of- way after \[MONTH DAY OF IMPLIMENTAION, 2019\], the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way for purposes of the public 190