The following basic standards shall apply to a wireless telecommunication tower facility approved as a conditional use pursuant to Section 1156.01(c):
(a) There is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower within the geographic area to be served, including the areas set forth in Section 1156.01(b). With the zoning certificate application, the applicant shall list the location of every tower, building or structure and all of the areas set forth in Section 1156.01(b) that could support the proposed antenna(s) or an area where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, or a technically suitable location is not available in any area set forth in Section 1156.01(b). If another existing tower or an area set forth in Section 1156.01(b) is technically suitable, the applicant must demonstrate that it has requested to collocate on the existing tower and the collocation request was rejected by the owner of the tower, or that it has requested the City Council to permit it to locate a tower facility in all technically suitable areas set forth in Section 1156.01(b) under reasonable terms and that each request was rejected. In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty days from the date of receipt of a written request for collocation. If another telecommunication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna(s) on another tower within the City which is owned or controlled by the applicant on reciprocal terms and the offer was not accepted. In all cases, the City shall use its best efforts to encourage collocation.
(b) As a condition of issuing a conditional zoning certificate to construct and operate a tower in the City, the owner/operator of the telecommunication tower is required to allow collocation until said tower has reached full antenna capacity, which must include no less than two additional antenna platforms for two additional wireless telecommunication antenna owners/operators unrelated to the owner/operator of the tower. Agreement to this provision must be included in the applicant's lease with the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Code Enforcement Officer evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this Section 1156.02, as well as all other applicable requirements, regulations and standards set forth in Section 1156.01 and Section 1156.03. As an additional condition of issuing the zoning certificate to construct and operate the tower in the City, the owner/ operator of the tower is required to sign a statement that all disputes with future providers concerning collocation and the terms and conditions of collocation shall be submitted to commercial arbitration under a system selected by the parties, but if the parties are unable to agree, then under the auspices of the commercial arbitration provisions of the American Arbitration Association.
(c) The color of the tower shall be non-fluorescent, and approved by the Building and Zoning Board of Appeals. (Ord. 4742. Passed 6-21-99.)