§ 157.549  CONDITIONAL USE PERMIT.
   (A)   No person shall erect or modify an antenna or an antenna support structure, construct a new tower or modify an existing tower without first obtaining a special use permit pursuant to this section, or an administrative permit as set forth herein. The Town Council, or body designated to hear and decide special/conditional use permit requests, is under no obligation to approve a special use permit application unless and until the applicant meets their burden of demonstrating that the proposed use will not adversely affect the public interest, the proposed use is consistent with the comprehensive plan and the proposed use is compatible with the land use in the surrounding area. The Town Council’s or designee’s determination shall be based on substantial and competent evidence, documentation and testimony received at the public hearing, including, but not limited to, the recommendation of the town planning staff, the recommendation of the Planning and Zoning Board, information and recommendation of town engineering consultants, information from the applicant and any party in support or opposition, or their respective representatives.
   (B)   In addition, the Town Council or designee shall consider the following factors in determining whether to issue a special use permit for a new tower, although the Town Council or designee may waive or reduce the burden on the applicant of one or more of these criteria if the Council or designee concludes that the goals of this section are better served thereby:
      (1)   Height of the proposed tower; surrounding topography; surrounding tree coverage and foliage; nature of uses on adjacent and nearby properties; proposed ingress and egress; and availability of suitable existing towers and other structures as set forth in this section;
      (2)   Proximity of the tower to residential structures and residential subdivision boundaries, including the amount of the tower that can be viewed from surrounding residential zones in conjunction with its proximity (distance) to the residential zone, mitigation landscaping, existing character of surrounding area, or other visual options proposed by the applicant;
      (3)   Proximity of the tower to public and private airports, including but not limited to the effect on the airport traffic pattern and visual and instrument approaches, orientation to the runway heading and type and volume of aircraft traffic operating at the airport;
      (4)   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including the extent to which the tower is designed and located to be compatible with the nature and character of other land uses and/or with the environment within which the tower proposes to locate, the tower may be placed, designed or camouflaged to assist with mitigating the overall aesthetic impact of a tower;
      (5)   Surrounding topography, tree coverage and foliage;
      (6)   Proposed ingress and egress; and
      (7)   No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower or antenna structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or antenna support structure can accommodate the applicant’s proposed antenna must be submitted with the application and may consist of any of the following:
         (a)   No existing towers or antenna support structures are located within the geographic area required to meet applicant’s engineering requirements;
         (b)   Existing towers or antenna support structures are not of sufficient height to meet applicant’s engineering requirements;
         (c)   Existing towers or antenna support structures do not have sufficient structural strength to supports 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 antenna support structure, or the antenna on the existing towers or antenna support 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 antenna support structure or to adapt an existing tower or antenna support structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable; and
         (f)   The applicant demonstrates that there are other limiting factors that render existing towers and antenna support structures unsuitable.
(2000 Code, § 66-1033)  (Ord. 99-01, passed 3-23-1999)  Penalty, see § 157.999