No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Plan Commission/Zoning Board of Appeals that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Director of Community Development and/or Plan Commission/Zoning Board of Appeals 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:
(A) No existing towers or structures are located within the geographic area, which meet applicant's engineering requirements.
(B) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(C) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(D) The applicant's proposed antenna would cause electromagnetic 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.
(E) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(F) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(G) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network 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.
(Ord. CO-2010-006, passed 4-15-2010)