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17, 2004 Page 45? <br /> <br />4) On properties in areas zoned for Heavy Industrial use <br />5) On properties in areas zoned for Commercial use <br />6) On properties in areas zoned for Agricultural use <br />7) On properties in areas zoned for Residential use <br /> <br />B) If the proposed site is not proposed for the highest priority listed <br /> above, then a detailed explanation must be provided as to why a site of <br /> a higher priority was not selected. The person seeking such an <br /> exception must satisfactorily demonstrate the reason or reasons why <br /> such a permit should be granted for the proposed site, and the hardship <br /> that would be incurred by the Applicant if the permit were not granted <br /> for the proposed site. <br /> <br />C) An Applicant may not by-pass sites of higher priority by stating the <br /> site proposed is the only site leased or selected. An Application shall <br /> address co-location as an option. If such option is not proposed, the <br /> applicant must explain to the reasonable satisfaction of the County why <br /> co-location is Commercially or otherwise Impracticable. Agreements <br /> between providers limiting or prohibiting co-location shall not be a <br /> valid basis for any claim of Commercial Impracticability or hardship. <br /> <br />D) Notwithstanding the above, the County may approve any site located <br /> within an area in the above list of priorities, provided that the <br /> County finds that the proposed site is in the best interest of the <br /> health, safety and welfare of the County and its inhabitants and will <br /> not have a deleterious effect on the nature and character of the <br /> community and neighborhood. <br /> <br />E) The Applicant shall submit a written report demonstrating the <br /> Applicant's review of the above locations in order of priority, <br /> demonstrating the technological reason for the site selection. If <br /> appropriate, based on selecting a site of lower priority, a detailed <br /> written explanation as to why sites of a higher priority were not <br /> selected shall be included with the Application. <br /> <br />F) Notwithstanding that a potential site may be situated in an area of <br /> highest priority or highest available priority, the County may <br /> disapprove an Application for any of the following reasons. <br /> <br />1) Conflict with safety and safety-related codes and requirements; <br />2) Conflict with the historic nature or character of a neighborhood <br /> or historical district; <br />3) The use or construction of Wireless Telecommunications Facilities <br /> which is contrary to an already stated purpose of a specific <br /> zoning or land use designation; <br />4) The placement and location of Wireless Telecommunications <br /> Facilities which would create an unacceptable risk, or the <br /> reasonable probability of such, to residents, the public, <br /> employees and agents of the County, or employees of the service <br /> provider or other service providers; <br />5) Conflicts with the provisions of this Ordinance. <br /> <br />Section 8. Shared use of Wireless Telecommunications Facilities and other <br />structures. <br /> A) The County, as opposed to the construction of a new Tower, shall prefer <br /> locating on existing Towers or others structures without increasing the <br /> height. The Applicant shall submit a comprehensive report inventorying <br /> existing Towers and other suitable structures within four (4) miles of <br /> the location of any proposed new Tower, unless the Applicant can show <br /> that some other distance is more reasonable and demonstrate <br /> conclusively why an exiting (sic) Tower or other suitable structure can <br /> not be used. <br /> <br />B) An Applicant intending to locate on an existing Tower or other suitable <br /> structure shall be required to document the intent of the existing <br /> owner to permit its use by the Applicant. <br /> <br />C) Such shared use shall consist only of the minimum Antenna array <br /> technologically required to provide service primarily and essentially <br /> within the County, to the extent practicable, unless good cause is <br /> shown. <br /> <br />Section 9. Height of Telecommunications Tower(s). <br /> A) The Applicant shall submit documentation justifying the total height of <br /> any Tower, Facility and/or Antenna and the basis therefore. Such <br /> documentation will be analyzed in the context of the justification of <br /> <br /> <br />