(a) Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, one being the highest priority and four being the lowest priority.
(1) On existing telecommunications towers or other tall structures;
(2) Co-location on a site with existing wireless telecommunications facilities or structures;
(3) On municipally-owned properties;
(4) On other property in the City.
(b) If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. 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 applicant may not by-pass sites of higher priority by stating the site presented is the only site leased or selected. An application shall address collocation as an option and if such option is not proposed, the applicant must explain why collocation is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of commercial impracticability or hardship.
(d) Notwithstanding the above, the Planning Commission may approve any site located within an area in the above list of priorities, provided that the Planning Commission finds that the proposed site is in the best interest of the health, safety and welfare of the City and its inhabitants.
(e) 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. If the site selected is not the highest priority, then a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application.
(f) The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has been, or is, considering, reviewing or planning for wireless telecommunications Facilities in the City, and all municipalities adjoining the City.
(g) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Commission may disapprove an application for any of the following reasons:
(1) Conflict with safety and safety-related codes and requirements;
(2) Conflict with traffic needs or traffic ordinances, or definitive plans for changes in the flow or traffic ordinances;
(3) Conflict with the historic nature of a neighborhood or historical district;
(4) The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation;
(5) The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers; or
(6) Conflicts with the provisions of this chapter.
(Ord. 2022-24. Passed 5-24-22.)