(A) Applicants for a special use or zoning compliance permit for wireless telecommunications facilities are encouraged to locate, site, and erect such facilities in accordance with the following priorities, division (A)(1) below being the highest priority and division (A)(4) being the lowest priority:
(1) On existing structures without increasing the height of the tower or structure;
(2) On county-owned properties or facilities;
(3) On properties zoned commercial (H-B or C-S) or industrial (I-1, I-2, I-3, or I-4); and
(4) On properties zoned Residential-Agricultural (R-A).
(B) (1) If the proposed site is not the highest priority listed above, then a detailed explanation must be provided as to why such a site was not selected.
(2) The person 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 application shall address co-location as the preference of the county. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the county why co-location is commercially or otherwise impracticable.
(D) Notwithstanding the above, the county may approve any site located within an area in the above list of priorities, provided that the county finds that the proposed site is in the best interest of the health, safety and welfare of the county and its inhabitants, and will not have a deleterious effect on the nature and character of the community and neighborhood, or the site is a public necessity.
(E) (1) The applicant shall submit a written report demonstrating the applicant’s review of the above locations in order of priority, demonstrating the technological reason for the site selection.
(2) 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 with the application.
(F) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the county 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 wireless telecommunications facilities that are contrary to an already stated purpose of a specific zoning or land use designation;
(4) The placement and location of wireless telecommunications facilities that would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees, and agents of the county, or employees of the service provider or other service providers; and/or
(5) Conflicts with the provisions of this chapter.
(1996 Code, § 156.12) (Ord. passed 10-7-2002; Ord. passed 12-3-2007)