(A) No person owning or operating a tower or site which has previously been permitted by the village to place the tower or site in the Village of Lincoln Heights shall unreasonably deny accommodating or collocating the placement of a third party antenna on the tower or at the site.
(B) In cases where an applicant requests placement of an antenna on an existing tower or site, and the owner or operator of the existing tower or site opposes any such placement, as part of the special session proceedings for such application held pursuant to this chapter, both the applicant and person owning or operating the existing tower or site shall be required to demonstrate within a reasonable certainty, based upon technological or generally accepted telecommunications industry standards, the feasibility or non-feasibility of placing the third party antenna on the tower or site. Such feasibility considerations shall include whether a tower antenna can or cannot be located on another communication tower, building, or structure. Village Council shall consider the space available on the existing structure, the technological practicality of the collocation, the financial feasibility of the collocation, and such other factors as Village Council deems appropriate.
(C) Village Council shall take into consideration any such evidence as may provided pursuant to division (B) above of this section, testimony, or other provided plans or information in making its permit determination under this chapter.
(D) Nothing in this section shall impinge upon the right of the person operating the tower or site to require reasonable compensation from the applicant for the placement of the third party antenna on the existing tower or site.
(E) Notwithstanding any provision of this section, any person seeking to collocate or place an antenna on an existing tower, site, or other structure shall be required to seek a permit as set forth in this chapter.
(Ord. 97-O-47, passed 11-10-1997)