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10.194(5)— (10) J applicant. Collocation sites need not be subject conditional use permit may provide to the available on the tower as initially placed or committee the names of consultants which the constructed, provided that the tower will support permit holder believes are qualified to assist in at the specified minimum height the later addition resolving the issues before the committee. In of the required number of collocation sites. any event, where a dispute arises under this Notwithstanding the height and number of ordinance involving an applicant for a conditional collocation sites on the tower as initially placed use permit and the holder of a conditional use or constructed, the communication tower design permit hereunder, the committee may allocate approved and permitted under this ordinance consulting costs and expenses between the shall be for a tower of 150 feet in height and applicant and permit holder. shall include the required collocation sites. The (8) A conditional use permit shall not be holder of a permit under this section shall make required for collocation on an existing tower the collocation sites required hereunder available permitted under this section, provided the for the placement of technologically compatible collocated antenna array or equipment is similar antenna arrays and equipment upon contractual in size and function to that installed by the holder provisions which are standard in the industry and of the conditional use permit for the tower, does at prevailing market rates allowing the permit not significantly alter the appearance or holder to recoup the cost of providing the structural integrity of the tower approved and collocation sites and a fair return on investment. permitted under this section, and is fully in (6) Unless otherwise provided herein, a compliance with all conditions contained in the conditional use permit is required for any original conditional use permit The holder of the modification of a communication tower which conditional use permit for any tower on which significantly alters the appearance or structural collocation occurs shall within 30 days of such integrity of the tower or which involves the collocation provide the •committee with written installation of antenna or equipment differing in notification of the identity of the collocator and size and function from that previously installed the nature of the equipment installed. Within 30 on the tower. The committee shall apply the days of the date on which any collocated use standards under section 10.255(2), D. C. Ords., ceases, the permit holder shall provide the when considering an application for conditional committee with written notice of the cessation of use permit to allow the modification of an such use. existing communication tower.• In addition, the (9) The holder of a conditional use permit for a committee shall consider the reasonableness, tower and any user collocating under this based on economic and technological feasibility, ordinance shall each be permitted to construct a of conditioning the grant of the conditional use building of no more than 14 feet in height and permit •upon modifying the tower in a manner 314 square feet in floor area for use directly which would accommodate the collocation of one incidental and necessary to the use of the tower. or more additional antenna arrays. Two or more users of the tower may build a (7) Upon written inquiry by the committee the single building with a floor area of no more than recipient of a conditional use•permit under this -314 square feet per user sharing the building. section shall have the burden of presenting Buildings constructed or used by tower credible evidence establishing to a reasonable collocators shall .be subject to conditions certainty the continued compliance with all established for the conditional use permit for the conditions placed upon the, conditional use tower. permit. Failure to establish compliance with all (10) Conditional use permits issued hereunder . conditions placed upon the conditional use shall identify the primary type or types of permit shall be grounds for revocation of the transmission equipment which is to be placed on permit. In the event the committee determines the subject communication tower. Any that it is necessary to consult with a third party to communication tower on which the transmission ascertain compliance with conditions on a equipment so identified is no longer placed or conditional use permit, all reasonable costs and used for a continuous period of 12 months shall, expenses associated with such consultation shall upon notification by the committee, be removed be borne by the holder of the subject conditional by the holder of the conditional use permit issued use permit. Failure to pay such costs and under this section. If the tower is not removed expenses or provide information requested by within 60 days of such notification, the county the committee shall be grounds for revocation of may remove the tower at the expense of the the conditional use permit The holder of the holder of the conditional use permit. Page 10-39 • rev. 103100