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FINAL ORDINANCE NO. 08-185
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FINAL ORDINANCE NO. 08-185
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0§ 94.37 ISSUANCE OF PERMIT; CONDITIONS. <br /> (A) Permit issuance. If the Administrator determines that the applicant has satisfied the <br /> requirements of this chapter,the city shall issue a permit. <br /> (B) Conditions. The city may impose reasonable conditions upon the issuance of the permit <br /> and the performance of the applicant thereunder to protect the public health, safety, and welfare <br /> to ensure the structural integrity of the right-of-way, to protect the property and safety of other <br /> users of the right-of-way, and to minimize the disruption and inconvenience to the traveling <br /> public. In addition, a permittee shall comply with all requirements of local, state and federal <br /> laws, including but not limited to M. S. §§216D.01-.09 (Gopher One Call Excavation Notice <br /> System) and Minnesota Rules Chapter 7560. <br /> (1) Small Wireless Facility Conditions. In addition to subdivision 2, the erection or <br /> installation of a wireless support structure, the collocation of a small wireless facility, or other <br /> installation of a small wireless facility in the right-of-way, shall be subject to the following <br /> conditions: <br /> (a) A small wireless facility shall only be collocated on the particular wireless <br /> support structure, under those attachment specifications, and at the height indicated in the <br /> applicable permit application. <br /> (b) No new wireless support structure installed within the right-of-way shall <br /> exceed 50 feet in height without the city's written authorization, provided that the city <br /> may impose a lower height limit in the applicable permit to protect the public health, <br /> safety, and welfare or to protect the right-of-way and its current use, and further provided <br /> that a registrant may replace an existing wireless support structure exceeding 50 feet in <br /> height with a structure of the same height subject to such conditions or requirements as <br /> may be imposed in the applicable permit. <br /> (c) No wireless facility may extend more than 10 feet above its wireless support <br /> structure. <br /> (d) Where an applicant proposes to install a new wireless support structure in the <br /> right-of-way, the city may impose separation requirements between such structure and <br /> any existing wireless support structure or other facilities in and around the right-of-way. <br /> (e) Where an applicant proposes collocation on a decorative wireless support <br /> structure, sign or other structure not intended to support small wireless facilities, the city <br /> may impose reasonable requirements to accommodate the particular design, appearance <br /> or intended purpose of such structure. <br /> (f) Where an applicant proposes to replace a wireless support structure, the city <br /> may impose reasonable restocking, replacement, or relocation requirements on the <br /> replacement of such structure. <br /> Note: M. S.§ 237.163, subd. 3b. <br /> (C) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a <br /> small wireless support structure owned or controlled by the city, or any other city asset in the <br /> right-of-way, after the applicant has executed a standard small wireless facility collocation <br /> 12 <br />
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