The following basic standards shall apply to a wireless telecommunication facility permitted as a conditional use pursuant to this Chapter.
(a) With the Conditional Use application, the applicant shall list the location of every tower building or structure and all of the areas in Section 1143.05(a) able to support the proposed antenna(s) and areas technically suitable to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, or a technically suitable location is not available in an area in Section 1143.05(a). If another existing tower or an area described in Section 1143.05(a) is available and technically suitable, the applicant must demonstrate that a request for co-location was rejected by the owner of the tower; or that a request to the City Council for a wireless telecommunication facility in all technically suitable area(s) set forth in Section 1143.05(a) has been rejected. The owner of an existing tower shall promptly respond in writing to a written request for colocation within 30 days. If another telecommunication tower is technically suitable, the applicant shall show that an offer has been made to allow the owner of another telecommunication tower to collocate an antenna (s) on a tower within the City owned or controlled by the applicant on reciprocal terms, and the offer was not accepted. The City shall use its best efforts to encourage collocation whenever an application is filed.
(b) As a condition for approving a Conditional Use Certificate to construct and operate a tower in the City, the owner or operator of the tower shall allow colocation until the tower has reached full antenna capacity. The tower level shall include at least two additional antenna platforms available for co-location for two additional antennas. This condition must be included as a provision in a lease with the landowner if the applicant is not the owner or operator of the tower, and a copy of the executed lease shall be provided to the Zoning Administrator. A term shall be included in the lease requiring the leasor and leasee to both comply with the requirements of Codified Ordinance Sections 1143.00 - 1143.19, and a copy thereof shall be attached and incorporated into the lease. The land owner shall sign the application and financial guarantee.
(c) Arbitration shall be a condition for approval of the conditional use. A dispute with future providers concerning colocation and the terms and conditions of colocation shall be submitted to commercial arbitration by the agreement of the parties or, if the parties are unable to agree, then under the rules for commercial arbitration of the American Arbitration Association.
(d) The Planning Commission shall approve the color of the tower.
(Ord. 2635. Passed 1-13-11.)