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• SECTION IV. CREATION OF TELECOMMUNICATION OVERLAY DISTRICT/PERMITTED USE. There is hereby established in the City a"Telecommunications Overlay District" ("TOD"). .WTFs shall be a permitted use in a TOD.and the Zoning Administrator may administratively approve the uses listed in this section. A. General. The following provisions shall govern the issuance of administrative approvals for towers and antennas. (1) The Zoning Administrator may administratively approve the uses listed in this Section. (2) Each applicant for administrative approval shall file an application with the Zoning Administrator providing the information set forth in sections , when applicable, and a nonrefundable fee as established by resolution of the city council to reimburse the City for the costs of reviewing the application. (3) City staff shall review the application for administrative approval and determine if the proposed use complies with this chapter. (4) The Zoning Administrator shall respond to each such application within sixty (60)days after the filing of the application by either approving or denying the application. If the Zoning Administrator fails to respond to the applicant within • - said sixty (60) days, then the application shall be deemed to be approved, unless said time has been extended under Minnesota Statutes, Section 15.99. (5) In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, or the use of alternative tower structures, administratively waive or modify any zoning district setback requirements in or separation distances between towers in by up to fifty percent (50%). (6) If an administrative approval is denied, the applicant may file an appeal to the City Council. B. List of administratively approved uses. The following uses may be approved by the Zoning Administrator after conducting an administrative review: (1) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or commercial zoning district. (2) Locating antennas on existing structures or towers consistent with the terms of subsections (a) and (b) below: a. Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial or industrial structure, provided: (i) the antenna does not extend more than thirty (30) feet above the highest point of the structure; (ii) • the antenna complies with all applicable FCC and FAA regulations; and (iii) the antenna complies with all applicable building codes. ' 8