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10.193(1)— 10.194(4) . Northend Cinema, Inc. v. Seattle, 585 P. 2d antenna arrays to the extent technologically and 1153 (1978). economically feasible. (2) This ordinance does not regulate the (2) No conditional use permit for the content of materials held for sale or rent in adult placement or construction of a tower shall be book stores. issued unless the applicant presents to the (3) Adult book stores shall meet all of the committee credible evidence establishing to a following requirements: reasonable degree of certainty the following: (a) Location of any particular adult book (a) No existing communication tower is located store must be not less than 1,000 feet from any within the area in which the applicant's church, synagogue, temple, mosque or any other equipment must be located; or place of worship, any residentially zoned district, (b) No existing communication tower within the park, school, playground, day care center, public area in which the applicant's equipment must be library and any other adult book store; located is of sufficient height to meet applicant's (b) Exterior windows shall not be covered or requirements and the deficiency in height cannot made opaque in any way; be remedied at a reasonable cost; or (c) No material referenced in paragraphs (c) No existing communication tower within the (a), (b) or (c) of s. 10.01(2m) shall be placed in area in which the applicant's equipment must be any exterior window, provided that material located has sufficient structural strength to which is not so referenced may be placed in a support applicant's equipment and the deficiency window; in structural strength cannot be remedied at a (d) The business may have only one (1) reasonable cost; or nonflashing business sign which sign may only (d) The applicant's equipment would cause indicate the name of the business and identify it electromagnetic interference with equipment on as an adult book store and which shall be not the existing communication tower(s) within the larger than 4 feet by 4 feet; area in which the applicant's equipment must be (e) A one square foot sign shall be placed located, or the equipment on the existing on each public entrance which shall state communication tower(s) would cause "Admittance to adults only" and may include interference with the applicant's equipment and other pertinent business information; and the interference, from whatever source, cannot (f) There shall be no doors on any viewing be eliminated at a reasonable cost; or booths and each booth must be lighted by a (e) The fees, costs or contractual provisions source emitting at least 10 candlepower at all required by the owner in order to collocate on an times. existing communication tower are unreasonable (4) Sub. (3)(e) shall not be construed to relative to industry norms; or require a sign or to require any designation of (f) The applicant demonstrates that there are the business as an adult book store, whether or other factors that render existing communication not a sign is erected. towers unsuitable or unavailable and establishes [History: 10.193 cr., OA 16, 1993-94, pub. 12/27/93; (3)(d) that the public interest is best served by the am.,OA 16,1996-97,pub.01/16/97;(3)am.,OA 3,1998-99, placement or construction of a new pub.09/24/98.] communication tower. 10.194 PROCEDURE AND STANDARDS FOR (3) The cost of eliminating impediments to THE PLACEMENT, CONSTRUCTION OR collocation shall be deemed reasonable if it does MODIFICATION OF COMMUNICATION not exceed by 25 percent the cost of TOWERS. This section provides the procedures constructing a new tower on which to mount and standards for issuance of conditional use applicant's equipment. permits for the placement, construction or (4) In the event the committee determines that modification of communication towers as defined it is necessary to consult with a third party in in section 10.01(78m). considering the factors listed in subsection (2) (1) It is intended that conditional use permits above, all reasonable costs and expenses shall be issued under this section to associated with such consultation shall be borne accommodate the expansion of wireless by the applicant. Failure to pay such costs and communication technology while minimizing the expenses or provide information requested by number of tower sites through the requirement the committee shall be grounds for denial or that permitted towers be placed or constructed revocation of a conditional use permit. The so that they may be utilized for the collocation of applicant may provide to the committee the names of consultants which the applicant Page 10-40 rev. 103105