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- 10.194(2)(d) .;10.194(7) (d) The applicant's equipment would cause required .number of - collocation sites. - electromagnetic interference with equipment on Notwithstanding the height and number of the existing communication tower(s) within the . collocation sites on the tower as initially placed or area in which the applicant's equipment must be constructed, the communication tower design located, or the equipment on the existing ' approved and permitted under this ordinance shall communication tower(s) would cause interference be for a tower of 150 feet in height and shall with the applicant's equipment and the include the required collocation sites. The holder interference, from whatever source, cannot be of a permit under this section shall make the eliminated at a reasonable cost; or collocation sites required hereunder available for (e) The fees, costs or contractual provisions the placement of technologically compatible required by the owner in order to collocate on an antenna arrays and equipment upon contractual existing communication tower are unreasonable provisions which are standard in the industry and relative to industry norms; or at prevailing market rates allowing the permit • (1) The applicant demonstrates that there are holder to recoup the cost of providing the other factors that render existing communication collocation sites and a fair return on investment. towers unsuitable or unavailable and establishes (6) Unless otherwise provided herein, a that the public interest is best served by the conditional use permit is required for any placement or. construction of a new modification of a communication tower which communication tower. significantly alters the appearance or structural (3) The cost of eliminating impediments to integrity of the tower or which involves the collocation shall be deemed reasonable if it does installation of antenna or equipment differing in not exceed by 25 percent the cost of constructing a size and function from that previously installed on new tower on which to mount applicant's the tower. The committee shall apply the equipment. standards under section 10.255(2), D. C. Ords., (4) In the event the committee determines that it when considering an application for a conditional is necessary to consult with a third party in use permit to allow the modification of an existing considering the factors listed in subsection (2) communication tower. In addition, the committee above, all reasonable costs and expenses shall consider the reasonableness, based on associated with such consultation shall be borne by economic and technological feasibility, of the applicant. Failure to pay such costs and conditioning the grant of the conditional use expenses or provide information requested by the permit upon modifying the tower in a manner committee shall be grounds for denial or which would accommodate the collocation of one revocation of a conditional use permit. The or more additional antenna arrays. applicant may provide to the committee the names (7) Upon written inquiry by the committee the of consultants which the applicant believes are recipient•of a conditional use permit under this qualified to assist in resolving the issues before the section shall have the burden of presenting committee. credible evidence establishing to a reasonable (5) In applying the standards and criteria set certainty the continued compliance with all forth in section 10.255(2), D. C. Ords., to conditions placed upon the conditional use permit. applications for conditional use permits for the Failure to establish compliance with all conditions placement or construction of a communication placed upon the conditional use permit shall be tower the committee shall, unless it is shown to be grounds for revocation of the permit. In the event unreasonable, condition the grant of the permit the committee determines that it is necessary to upon the applicant placing or constructing the consult with a third party to ascertain compliance communication tower so as to accommodate, at a with conditions on a conditional use permit, all minimum height of 150 feet, the collocation of two reasonable costs and expenses associated with additional antenna arrays similar in -size and such consultation shall be borne by the holder of function to that placed on the tower by the the subject conditional use permit. applicant. Collocation sites need not be available on the tower as initially placed or constructed, (continued on page 10-3461 provided that the tower will support at the specified minimum height the later addition of the • • Page 10-34A rev. 103197