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10.194(2)-(7) (2) No conditional use permit for the placement the applicant believes are qualified to assist in or construction of a tower shall be issued unless the resolving the issues before the committee. applicant presents to the committee credible (5) In applying the standards and criteria set forth evidence establishing to a reasonable degree of in section 10.255(2), D. C. Ords., to applications for certainty the following: conditional use permits for the placement or (a) No existing communication tower is located construction of a communication tower the within the area in which the applicant's equipment committee shall, unless it is shown to be must be located; or " _ unreasonable, condition the grant of the permit (b) No existing communication tower within the upon the applicant placing or constructing the area in which the applicant's equipment must be communication tower so as to accommodate, at a located is of sufficient height to meet applicant's minimum height of 150 feet, the collocation of two requirements and the deficiency in height cannot be additional antenna arrays similar in size and remedied at a reasonable cost; or function to that placed on the tower by the (c) No existing communication tower within the applicant. Collocation sites need not be available area in which the applicant's equipment must be on the tower as initially placed or constructed, located has sufficient structural strength to support provided that the tower will support at the specified applicant's equipment and the deficiency in minimum height the later addition of the required structural strength cannot be remedied at a number of collocation sites. Notwithstanding the reasonable cost; or height and number of collocation sites on the tower (d) The applicant's equipment would cause as initially placed or constructed, the electromagnetic interference with equipment on the communication tower design approved and existing communication tower(s) within the area in permitted under this ordinance shall be for a tower which the applicant's equipment must be located, of 150 feet in height and shall include the required or the equipment on the existing communication collocation sites. The holder of a permit under this tower(s) would cause interference with the section shall make the collocation sites required applicant's equipment and the interference, from hereunder available for the placement of whatever source, cannot be eliminated at a technologically compatible antenna arrays and " reasonable cost; or equipment upon contractual provisions which are (e) The fees, costs or contractual provisions standard in the industry and at prevailing market required by the owner in order to collocate on an rates allowing the permit holder to recoup the cost existing communication tower are unreasonable of providing the collocation sites and a fair return relative to industry norms;or on investment. (f) The applicant demonstrates that there are (6) Unless otherwise provided herein, a other factors that render existing communication conditional use permit is required for any towers unsuitable or unavailable and establishes modification of a communication tower which that the public interest is best served by the significantly alters the appearance or structural placement or construction of a new communication integrity of the tower or which involves- the tower. installation of antenna or equipment differing in (3) The cost of eliminating impediments to size and function from that previously installed on collocation shall be deemed reasonable if it does the tower. The committee shall apply the standards not exceed by 25 percent the cost of constructing a under section 10.255(2), D. C. Ords., when new tower on w hich to mount applicant's considering an application for a conditional use equipment. permit to allow the modification of an existing (4) In the event the committee determines that it communication tower. In addition, the committee is necessary to consult with a third party in shall consider the reasonableness, based on considering the factors listed in subsection (2) economic ' and technological feasibility, of above, all reasonable costs and expenses associated conditioning the grant of the conditional use permit with such consultation .shall be borne by the upon modifying the tower in a manner which • applicant. Failure to pay such costs and expenses would accommodate the collocation of one or more or provide information requested by the committee additional antenna arrays. shall be grounds for denial or revocation of a (7) Upon written inquiry by the committee the conditional use permit. The applicant may provide recipient of a conditional use permit under this to the committee the names of consultants which section shall have the burden of presenting credible evidence establishing to a reasonable certainty the Page 10-37 • rev. 103198