(A) (1) The following establishes the order of priorities for locating new communications facilities:
(a) Place antennas and towers on public property;
(b) Place antennas and towers in districts zoned M-D or M-G;
(c) Place antennas and towers in districts zoned GC which do not adjoin or adversely impact residential neighborhoods;
(d) Place antennas on appropriate existing structures, such as buildings, communications towers, water towers and smokestacks in other zoned districts;
(e) Place antennas and towers on other private nonresidential property; and
(f) Place antennas and towers in:
1. Residential districts only if the installation is a small cell facility, or locations for which a need has been demonstrated are not available on existing structures or in nonresidential districts; and
2. Only on or in existing churches, parks, schools, utility facilities or other public facilities.
(2) An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure or other appropriate existing structures within a non-residential zoning district, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of tall structures within a one-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant’s network, and an evaluation of existing buildings taller than 20 feet, communications towers and water tanks within one mile of the proposed tower. The requirements in this division (A)(2) do not apply to a small cell network or facility.
(B) Priority for the use of city-owned land for antennas and towers will be given to the following entities in descending order:
(1) City of Brigham City;
(2) Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the city and private entities with a public safety agreement with the city;
(3) Other governmental agencies, for uses which are not related to public safety; and
(4) Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized raid (SMR), enhanced specialized mobilized raid (ESMR), paging and similar services that are marketed to the general public.
(Prior Code, § 29.32.060) (Ord. 14-14, passed 11-6-2014)