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extendable to a maximum height of 155 feet above ground level. Extension beyond 20% <br /> of the as-built initial height of the tower(120') shall require amendment and approval of <br /> a new Conditional Use Permit. <br /> 3. The minimum of two (2) collocation sites required hereunder need not be available on <br /> the tower as initially placed, constructed, or modified, provided that the tower will <br /> support the 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 <br /> holder of Conditional Use Permit No. 2374 for the mounting of technologically <br /> compatible antenna arrays and equipment at the prevailing market rate in the region and <br /> upon contractual provisions which are standard in the industry. <br /> 5. The holder of Conditional Use Permit No. 2374 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 <br /> use directly incidental and necessary to the use of the tower. Any other user collocating <br /> on the tower permitted herein is permitted to construct a building of no more than 14 feet <br /> in height (as defined in section 10.01 (8) of the Dane County Zoning Ordinance in effect <br /> in March 1997) and 314 square feet in floor area for use directly incidental and <br /> necessary to the use of the tower. Two or more users of the tower may build a single <br /> building with a floor area of no more than 314 square feet per user sharing the building. <br /> Buildings constructed or used by tower collocators shall be subject to all conditions <br /> established for Conditional Use Permit No.2374, including locational requirements <br /> contained in the site plan. <br /> 6. The holder of Conditional Use Permit No. 2374 shall, through ownership, lease, option <br /> or other means, at all times have the right to use the land associated with the permitted <br /> tower for uses related to the use of the collocation sites required hereunder, including <br /> the 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 #2374 application <br /> materials, are fully incorporated herein and continued effectiveness of Conditional Use <br /> Permit No. 2374 is expressly conditioned upon compliance with those plans. <br /> 8. Upon written inquiry by the committee, the holder of Conditional Use Permit No. 2374 <br /> shall 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 <br /> the 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. 2374, all reasonable costs <br /> and expenses associated with such consultation shall be borne by the holder of said <br /> conditional use permit. Failure to pay such costs and expenses or provide information <br /> requested by the committee shall be grounds for revocation of the conditional use <br /> permit. <br /> 9. The holder of Conditional Use Permit No. 2374 shall within 30 days of any collocation on <br /> the 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 <br /> which any collocated use ceases, the permit holder shall provide the committee with <br /> written notice of the cessation of such use. Any changes due to collocation or otherwise <br /> shall be reviewed by the Zoning Administrator prior to implementation to determine if <br /> permits are needed and to determine that such changes are in compliance with terms of <br /> the CUP and does not significantly alter the appearance or structural integrity of the <br /> tower approved and permitted under this CUP. <br /> 10. If at any time the communication tower permitted under Conditional Use Permit No. <br /> 2374 ceases to be used for the primary use, as identified in paragraph 1 above, for a <br /> H:\Zoning\ZLR\Conditional Use Permits\CUP 2300's\CUP #2374.doc <br />