The text
A.
Priority of Antenna Site Locations: Personal wireless services antennas shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall make a good faith effort to locate antennas on sites in the following order of priority:
1.
Stealth Facilities: "Stealth facilities", as defined in this chapter.
2.
Existing Structures: Lawfully existing buildings, structures and antenna support structures; provided, that the buildings, structures or support structures are:
a.
Located in a nonresidential zone; or
b.
Located in a residential zone on property that is being used for nonresidential uses (e.g., government, school, church or utility); or
c.
Located in a residential zone on a property that is being used for a multi-family residential building having eight (8) or more dwelling units and which is at least thirty-five feet (35') in height.
3.
Monopoles on City Owned Property: Monopoles constructed on city owned property.
4.
Monopoles on Nonresidential Private Property: Monopoles constructed on private property; provided, that the private property is:
a.
Located in a nonresidential zone; or
b.
Located in a residential zone on property that is used for a nonresidential use (e.g., government, school or church).
5.
Other: Sites other than those listed above.
B.
Other Sites; Burden of Proof: The applicant shall attempt to locate its antennas on sites in the order of priority set forth above. If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall have the burden of demonstrating to the approving authority why it could not locate antennas on sites with a higher priority than the site chosen by the applicant. To do so, the applicant shall provide the following information to the approving authority:
1.
Higher Priority Sites: The identity and location of higher priority sites located within the desired service area.
2.
Reason for Rejection of Higher Priority Sites: The reason why the higher priority sites are not technologically, legally or economically feasible. The applicant must make a good faith effort to locate antennas on a higher priority site. The city may request information from outside sources to justify or rebut the applicant's reasons for rejecting a higher priority site.
3.
Justification for Proposed Site: Why the proposed site is essential to meet the service demands of the geographic service area and the city-wide network.
C.
Uses:
1.
Permitted Uses: The following antenna locations are permitted uses; provided, that the applicant complies with other applicable laws and regulations:
a.
Existing Structures on City-Owned Property: Existing buildings, structures and antenna support structures located on city-owned property, except water tanks.
b.
Existing Structures on Private Property: Lawfully existing buildings and structures located on private property; provided, that the private property is:
(1)
Located in a nonresidential zone; or
(2)
Located in a residential zone on property that is used for a nonresidential use (e.g., government, school, church or utility); or
(3)
Located in a residential zone on property that is being used for a multi-family residential building having eight (8) or more dwelling units and which is at least thirty-five feet (35') in height.
c.
Colocation: Colocation on a lawfully existing antenna support structure located on private property.
d.
Monopoles in Industrial Areas: Monopoles constructed in industrial or manufacturing zones, and existing utility areas as conditional uses with approved conditional use permits.
e.
Stealth Facilities in Nonresidential Zones: Stealth facilities constructed in nonresidential zones, unless they are constructed as part of a structure for which a conditional use permit is otherwise required, in which case they shall be conditional uses.
2.
Nonpermitted Uses: The following antenna types and antenna locations are not permitted, except upon a showing of necessity (inability to achieve coverage or capacity in the service area) by the applicant, in which case they shall be considered as conditional uses:
a.
Guyed Towers: Guyed towers and other nonstealth towers, with the exception of monopoles, are not permitted in any zone.
b.
Monopoles on Private Property in Residential Zone: Monopoles located on residentially zoned private property, if the residentially zoned property has a residential use (as opposed to a school, church or other nonresidential use).
3.
Conditional Uses: Antennas proposed for any other location shall be considered as conditional uses; provided, that the applicant complies with other applicable laws and regulations.
D.
Colocation Requirement: Unless otherwise authorized by the approving authority for good cause shown, every new monopole shall be designed and constructed to be of sufficient size and capacity to accommodate at least one additional wireless telecommunications provider on the structure in the future. Any conditional use permit for the monopole may be conditioned upon the agreement of the applicant to allow colocation of other personal wireless providers on such terms as are common in the industry.
E.
Lease Agreement: The city shall enter into a standard lease agreement with the applicant for any facility built on city property. The mayor or designee is hereby authorized to execute the standard lease agreement on behalf of the city. The lease shall contain the condition that the site plan and/or conditional use permit must first be approved by the approving authority before the lease can take effect, and that failure to obtain such approval renders the lease null and void.
(Ord. 557, 2-3-1999)