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3. The minimum of two (2) collocation sites required hereunder need not be available on the <br /> tower as initially placed, constructed, or modified, provided that the tower will support the <br /> later addition of the collocation sites as specified in condition #2, above. <br /> 4. Collocation sites required hereunder shall, upon request, be made available by the holder of <br /> Conditional Use Permit No. 2355 for the mounting of technologically compatible antenna <br /> arrays and equipment at the prevailing market rate in the region and upon contractual <br /> provisions which are standard in the industry. <br /> 5. The holder of Conditional Use Permit No. 2355 is permitted, if needed, to construct a <br /> building of no more than 14 feet in height (as defined in section 10.01 (8) of the Dane <br /> County Zoning Ordinance in effect in March 1997) and 314 square feet in floor area for use <br /> directly incidental and necessary to the use of the tower. Any other user collocating on the <br /> tower permitted herein is permitted to construct a building of no more than 14 feet in height <br /> (as defined in section 10.01 (8) of the Dane County Zoning Ordinance in effect in March <br /> 1997) and 314 square feet in floor area for use directly incidental and necessary to the use <br /> of the tower. Two or more users of the tower may build a single building with a floor area of <br /> no more than 314 square feet per user sharing the building. Buildings constructed or used <br /> by tower collocators shall be subject to all conditions established for Conditional Use Permit <br /> No.2355, including locational requirements contained in the site plan. <br /> 6. The holder of Conditional Use Permit No. 2355 shall, through ownership, lease, option or <br /> other means, at all times have the right to use the land associated with the permitted tower <br /> for uses related to the use of the collocation sites required hereunder, including the <br /> construction and use of buildings as permitted under paragraph 5 herein. <br /> 7. The final site plan(s) and design drawings submitted with the CUP #2355 application <br /> materials, are fully incorporated herein and continued effectiveness of Conditional Use <br /> Permit No. 2355 is expressly conditioned upon compliance with those plans. <br /> 8. Upon written inquiry by the committee, the holder of Conditional Use Permit No. 2355 shall <br /> have the burden of presenting to the committee credible evidence establishing to a <br /> reasonable certainty the continued compliance with all conditions placed upon the <br /> conditional use permit. Failure to establish compliance with all conditions placed upon the <br /> conditional use permit shall be grounds for revocation of the permit. In the event the <br /> committee determines that it is necessary to consult with a third party to ascertain <br /> compliance with conditions on Conditional Use Permit No. 2355, all reasonable costs and <br /> expenses associated with such consultation shall be borne by the holder of said conditional <br /> use permit. Failure to pay such costs and expenses or provide information requested by the <br /> committee shall be grounds for revocation of the conditional use permit. <br /> 9. The holder of Conditional Use Permit No. 2355 shall within 30 days of any collocation on the <br /> permitted tower provide the committee with written notification of the identity of the <br /> collocator and the nature of the equipment installed. Within 30 days of the date on which <br /> any collocated use ceases, the permit holder shall provide the committee with written notice <br /> of the cessation of such use. Any changes due to collocation or otherwise shall be <br /> reviewed by the Zoning Administrator prior to implementation to determine if permits are <br /> needed and to determine that such changes are in compliance with terms of the CUP and <br /> does not significantly alter the appearance or structural integrity of the tower approved and <br /> permitted under this CUP. <br /> 10. If at any time the communication tower permitted under Conditional Use Permit No. 2355 <br /> ceases to be used for the primary use, as identified in paragraph 1 above, for a continuous <br /> period of 12 months the permit holder shall, upon notification by the committee, dismantle <br /> H:\Zoning\ZLR\Conditional Use Permits\CUP 2300's\CUP #2355.doc <br />