16.10.060 Collocation.
A. In all applications for construction of a new tall tower, the applicant must prove by substantial evidence that a bona fide need exists for the facility and that no reasonable combination of locations, techniques or technologies will obviate the need. The applicant must further prove that it has made all reasonable efforts to procure space on existing facilities and that the cost of collocation exceeds the cost of a new facility by at least fifty (50) percent.
B. Prior to the issuance of a permit for a new tall tower, the applicant shall demonstrate commitment to joint use as follows:
1. The applicant requesting the permit shall submit evidence to the city demonstrating that a genuine effort has been made to solicit additional users for the proposed new tower. Evidence of this shall include, at a minimum, copies of notices sent by certified mail, return receipt requested, to other potential users in the city, advising of the intent to construct a new tower, identifying the location, inviting the joint use and sharing of costs, and requesting a written response within thirty (30) calendar days. The applicant’s letter(s) as well as response(s) must be presented to the planning commission as a means of demonstrating the need for a new tower.
2. The applicant shall sign an instrument, maintained by the city, agreeing to encourage and promote the joint use of the tall tower within the city and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing or delaying joint use of any tower where fair and just market reasonable compensation is offered for such use. [Ord. 15-27 § 3.]