§ 114.05 CO-LOCATION.
   (A)   The applicant shall make a reasonable attempt to co-locate its transmitting and related equipment on an existing cellular antenna tower and the applicant shall provide the Commission with a statement indicating that the applicant has:
      (1)   Successfully attempted to co-locate on towers designed to host multiple wireless service providers' facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
      (2)   Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities and that:
         (a)   Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and
         (b)   Lists the reasons why the co-location was unsuccessful in each instance.
   (B)   The Planning Commission shall deny a uniform application to construct a cellular antenna tower based on an applicant's unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers or other structures.
   (C)   In the event of co-location, a utility shall be considered the primary user of the tower, if the utility is the owner of the antenna tower and if no other agreement exists that prescribes an alternate arrangement between the parties for use of the tower. Any other entity that co-locates transmission or related facilities on a cellular antenna tower shall do so in a manner that does not impose additional costs or operation restrictions on the primary user.
(Ord. 09-10, passed 12-9-2009)