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10.193(4)— 10.194(5) (4) Sub. (3)(e) shall not be construed to existing communication tower are unreasonable require a sign or to require any designation of relative to industry norms; or the business as an adult book store, whether or (f) The applicant demonstrates that there are not a sign is erected. other factors that render existing communication [History: 10.193 cr., OA 16, 1993-94, pub. 12/27/93; (3)(d) towers unsuitable or unavailable and establishes am.,OA 16,1996-97,pub.01/16/97;(3)am.,OA 3, 1998-99, that the public interest is best served by the pub.09/24/98.] placement or construction of a new 10.194 PROCEDURE AND STANDARDS FOR communication tower. THE PLACEMENT, CONSTRUCTION OR (3) The cost of eliminating impediments to MODIFICATION OF COMMUNICATION collocation shall be deemed reasonable if it does TOWERS. This section provides the procedures not exceed by 25 percent the cost of and standards for issuance of conditional use constructing a new tower on which to mount permits for the placement, construction or applicant's equipment. modification of communication towers as defined (4) In the event the committee determines that in section 10.01(78m). it is necessary to consult with a third party in (1). It is intended that conditional use permits considering the factors listed in subsection (2) shall be issued under this section to above, all reasonable costs and expenses accommodate the expansion of wireless associated with such consultation shall be borne communication technology while minimizing the by the applicant. Failure to pay such costs and number of tower sites through the requirement expenses or provide information requested by that permitted towers be placed or constructed the committee shall be grounds for denial or so that they may be utilized for the collocation of revocation of a conditional use permit. The antenna arrays to the extent technologically and applicant may provide to the committee the economically feasible. names of consultants which the applicant (2) No conditional use permit for the believes are qualified to assist in resolving the placement or construction of a tower shall be issues before the committee. issued unless the applicant presents to the (5) In applying the standards and criteria set committee credible evidence establishing to a forth in section 10.255(2), D. C. Ords., to reasonable degree of certainty the following: applications for conditional use permits for the (a) No existing communication tower is located placement or construction of a communication within the area in which the applicant's tower the committee shall, unless it is shown to equipment must be located; or be unreasonable, condition the grant of the (b) No existing communication tower within the permit upon the applicant placing or constructing area in which the applicant's equipment must be the communication tower so as to accommodate, located is of sufficient height to meet applicant's at a minimum height of 150 feet, the collocation • requirements and the deficiency in height cannot of two additional antenna arrays similar in size be remedied at a reasonable cost; or and function to that placed on the tower by the (c) No existing communication tower within the applicant. Collocation. sites need not be area in which the applicant's equipment must be available on the tower as initially placed or located has sufficient structural strength to constructed, provided that the tower will support at the specified applicant's equipment and the deficiency fied minimum height the later addition in structural strength cannot be remedied at a of the required number of collocation sites. reasonable cost; or Notwithstanding the height and number of (d) The applicant's equipment would cause collocation sites on the tower as initially placed electromagnetic interference with equipment on or constructed, the communication tower design the existing communication tower(s) within the approved and permitted under this ordinance area in which the applicant's equipment must be shall be for a tower of 150 feet in height and located, or the equipment on the existing shall include the required collocation sites. The communication tower(s) would cause holder of a permit under this section shall make interference with the applicant's equipment and the collocation sites required hereunder available the interference, from whatever source, cannot for the placement of technologically compatible be eliminated at a reasonable cost; or antenna arrays and equipment upon contractual (e) The fees, costs or contractual provisions provisions which are standard in the industry and required by the owner in order to collocate on an at prevailing market rates allowing the permit holder to recoup the cost of providing the collocation sites and a fair return on investment. Page 10-56 rev. 073113