§ 1478.09  CRITERIA FOR A CONDITIONAL USE.
   (a)   A wireless telecommunications facility, which includes a tower, may be permitted as a conditional use in a residential or commercial district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary because colocation on an existing tower is not feasible in accordance with § 1478.10. The following steps must also be taken for the application to be considered for review in this category.
      (1)   The applicant shall demonstrate that the telecommunications tower must be located where it is proposed to order to service the applicant’s service area. There shall be an explanation of why a tower and this proposed site are technically necessary.
      (2)   Where the wireless telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property supports the application and that vehicular access is provided to the facility.
      (3)   The applicant shall present a site/landscaping plan showing the specific placement of the wireless telecommunications facilities on the site; showing the location of existing structures, trees and other significant site features; and indicating the types and locations of plant materials used to screen the facilities and the proposed color of the facilities.
      (4)   The applicant shall present a signed statement indicating:
         A.   The applicant agrees to allow for the potential colocation of additional wireless telecommunications facilities by other providers on the applicant’s structure or within the same site location; and
         B.   The applicant agrees to remove the facility within 180 days after the site’s use is discontinued.
   (b)   A conditional use permit must be approved by the Planning and Zoning Commission and/or the Council, with a subsequent building permit issued by the Building Commissioner for construction of new towers in nonindustrial districts. Colocation of antennas on a single tower, antennas attached to existing structures or buildings, towers located in industrial districts, or replacement towers to be constructed at the site of a current tower, are permitted uses and will not be subject to the conditional use permitting process.
   (c)   Any decision to deny a request to place, construct or modify a wireless telecommunications facility and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission.
(Ord. 5-97, passed 7-14-1997)