1190.03 CRITERIA FOR A CONDITIONAL USE.

   A wireless telecommunications facility may be permitted as a conditional use in a commercial or industrial district. In order to be considered for review, the applicant needs to prove that a newly constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for review in this category:

   (a)    The applicant shall demonstrate that the height of the tower is the minimum necessary for operation.

   (b)    The applicant shall present documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.

   (c)    The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

   (d)    The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

   (e)    The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to service the applicant's service area. If the facility includes a tower there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna.

   (f)    Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that the vehicular access is provided to the facility.

   (g)    The facility must meet electromagnetic emissions standards established by the FCC.

   (h)    The facility is not permitted in residential districts.

   (i)    Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days.

The applicant's letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

      (Ord. 97-013. Passed 4-1-97.)