A.
Applicants for WTF shall locate, site, and erect said WTF in accordance with the following priorities, provided that the setbacks set forth herein are met, Subsection A(1) being the highest priority, and Subsection A(5) being the lowest priority.
(1)
On existing towers and existing buildings in industrially and commercially
zoned districts without increasing the height of the tower or building;
(2)
On existing towers and existing buildings in mixed-use and residentially
zoned districts in that order of sub-priority, without increasing
the height of the tower or building;
(3)
On new towers in industrially and commercially zoned districts where
the new tower can be sited in such a way as to be set back at least
500 feet from the nearest property line of any public park, playground,
preschool, elementary school, secondary school, designated historic
site, designated historic district, or residentially zoned lot used
for residential purposes where visual mitigation or stealth will be
provided;
(4)
On new towers on country clubs, cemeteries, public utility sites,
government-owned properties, or vacant property under single ownership
where such sites are at least four acres in area, where the new tower
can be sited in such a way as to be set back at least 500 feet from
the nearest property line of any public park, playground, preschool,
elementary school, secondary school, designated historic site, designated
historic district, or residentially zoned lot used for residential
purposes where visual mitigation or stealth will be provided;
(5)
On new towers in industrially and commercially zoned districts where
the new tower can be sited in such a way as to be set back at least
250 feet, but less than 500 feet, from the nearest property line of
any public park, playground, preschool, elementary school, secondary
school, designated historic site, designated historic district, or
residentially zoned lot used for residential purposes where visual
mitigation or stealth will be provided.
B.
If the proposed site is not proposed for the highest priority listed in Subsection A herein, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.
C.
An applicant may not bypass sites of higher priority by stating that
the site proposed is the only site leased or selected. An applicant
shall address co-location as an option. If such option is not proposed,
then applicant must explain to the reasonable satisfaction of the
Board why co-location is commercially or otherwise impracticable.
Agreements between providers limiting or prohibiting co-location shall
not be a valid basis for any claim of commercial impracticability
or hardship.
D.
Notwithstanding the above, the Board may approve any site located
within an area in the above list of priorities, provided that the
Board finds that the proposed site is in the best interest of the
health, safety, and welfare of the City and its inhabitants and will
not have a deleterious effect on the nature and character of the community
and neighborhood.
E.
The applicant, as part of the application, shall submit a written
report demonstrating the applicant's review of the above locations
in order of priority and demonstrating the technological reason for
the site selection. If appropriate, based on selecting a site of lower
priority, a detailed written explanation as to why sites of a higher
priority were not selected shall be included.
F.
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the Board may disapprove
an application for any of the following reasons:
(1)
Conflict with safety and safety-related codes and requirements;
(2)
Conflict with the historic nature or character of a neighborhood
or historical district;
(3)
The use or construction of WTF which is contrary to an already stated
purpose of a specific zoning or land use designation;
(4)
The placement and location of WTF which would create an unacceptable
risk, or the reasonable probability of such, to residents, the public,
employees and agents of the City, or employees of the service provider
or other service providers;
(5)
Conflicts with the provisions of this chapter.
G.
If a site is proposed for other than one of the locations on the list provided in Subsection A herein, in their respective order, then the applicant must demonstrate by competent evidence to the satisfaction of the Board that the preferred locations on such list within the service range established by the Board were thoroughly investigated and that such locations are not feasible and cannot provide the applicant adequate coverage.
A.
Locating on existing towers or other structures without increasing
the height shall be preferred by the Board, as opposed to the construction
of a new tower. The applicant shall submit a comprehensive report
inventorying existing towers and other suitable structures within
1,800 feet of the location of any proposed new tower.
B.
An application showing the intent to locate a WTF on an existing
tower or other suitable structure shall document the intent of the
existing owner to permit its use by the applicant.
C.
Such shared use shall consist only of the minimum antenna array technologically
required to provide service primarily and essentially within the City,
to the extent practicable.
