721.07 CRITERIA FOR A CONDITIONAL USE.
   (a)   Use T-1: Wireless Telecommunications Facility. A Wireless Telecommunications Facility which includes a Tower may be permitted as a conditional use in agricultural, multi-family residential or certain commercial districts designated under the Code as A-1, C-1, C-2, and R-4. In order to be considered for review, the Applicant must prove that a newly-constructed Tower is necessary because co-location on an existing Tower is not feasible in accordance with Section 721.08. 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 in order to service the applicant's service area. There shall be an explanation of why a Tower and this proposed site is 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 the 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 type and locations of plant materials used to screen the facilities and the proposed color of the facilities.
      (4)   Applicant shall present a signed statement indicating:
         A.   The Applicant agrees to allow for the potential co-location of additional Wireless Telecommunications Facilities by other providers on the Applicant's structure or within the same site location; and
         B.   That the Applicant agrees to remove the facility within one hundred eighty (180) days after the site's use is discontinued.
   (b)   The Village Planning and Zoning Commission and/or Zoning Inspector must approve a Conditional Use Permit with a subsequent Building Permit issued by the Building Commissioner before any construction of new Towers in nonindustrial districts can take place. Co- location of antennas on a single Tower, antennas attached to existing structures/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. 98-013. Passed 5-6-98.)