(B) Conditional use review considerations. In addition to any standards for consideration of applications for conditional use review pursuant to § 153.236 of this Code of Ordinances, the Planning and Zoning Commission shall consider the following factors in determining whether the application should be approved:
(2) Height of the proposed tower or facility and its proximity to residential structures and residential districts;
(3) Nature of the potential for adverse effects on uses on adjacent and nearby properties;
(4) Relationship of surrounding topography to the view from nearby properties;
(5) Surrounding tree coverage and foliage and the ability to screen the facilities from the view of nearby properties;
(6) Design of the tower or facility, with particular regard to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress for maintenance, safety, and prohibition of nuisances;
(8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, with regard to the following:
(a) New towers shall be approved only when other preferable alternatives are not available. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Commission that no existing tower, structure, or alternative technology is available to fill the communication requirements.
(b) An applicant shall submit required information for review by the Planning and Zoning Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
1. No existing towers or other suitable structures are located within the specific geographic limits meeting the applicant's engineering requirements.
2. Existing towers or structures either do not have sufficient height to meet the applicant's engineering requirements, or have insufficient structural strength to support the applicant's proposed antenna and related equipment.
3. The applicant's proposed antenna would cause frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
4. The fees, costs, or contractual provisions required by the owner in order to share or to adapt for sharing an existing tower or structure, are unreasonable. Costs that would exceed new tower development is an example of what may be presumed to be unreasonable.
5. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
6. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a DAS or CMN using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable, but may be considered as a factor in the decision.
7. The applicant provides documentation that other tower owners were contacted in writing demonstrating the above considerations.
(C) In granting a conditional use, the Planning and Zoning Commission may impose conditions to the extent necessary to minimize any adverse effect of the proposed tower or antenna support structure on adjoining properties or to meet the review considerations of this section.
(D) The findings and decision of the Planning and Zoning Commission shall be based on and supported by substantial evidence contained in a written record and record of action which shall be forwarded to the applicant within ten days following the decision. The decision of the Planning and Zoning Commission shall be final.
(Ord. 19-13, passed 3-25-13; Am. Ord. 41-18, passed 6-25-18)