§ 120.21 CRITERIA FOR APPROVAL.
   (A)   Approval or disapproval of the proposal shall be based upon an evaluation of the proposal’s agreement with the Comprehensive Plan, Zoning Ordinance and applicable Subdivision and Development Regulations.
   (B)   The Planning Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The Planning Commission may provide the location of existing cellular antenna towers on which the Commission deems the applicant can successfully co-locate its transmitting and related equipment. If the Planning Commission requires the applicant to attempt co-location, the applicant shall provide the Planning Commission with a statement indicating that the applicant has:
      (1)   Successfully attempted to co-locate on towers designed to host multiple wireless service providers’ facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
      (2)   Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service providers’ facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities and that:
         (a)   Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and
         (b)   Lists the reasons why the co-location was unsuccessful in each instance.
   (C)   The Planning Commission may deny a uniform application to construct a cellular antenna tower based on an applicant’s unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers or other structures.
   (D)   The Planning Commission shall not regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communications Commission concerning radio frequency emissions.
(Ord. 2004-015, passed 8-23-04)