§ 18.3. Conditions.

[The] applicant must show that all applicable conditions are met [as follows:]

1.

The proposed communications tower, antenna or accessory structure will be place[d] in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and [the] applicant's technical design requirements.

2.

[The] applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirement without unreasonable modifications on any existing structure or tower under the control of [the] applicant.

3.

[The] applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a nonresidential district for valid technical reasons.

4.

Prior to consideration of a permit for location on private property which must be acquired, [the] applicant must show that available publicly owned sites and available privately owned sites occupied by a compatible use are unsuitable for operation of the facility under applicable communications regulations and [the] applicant's technical design requirements.

5.

[The] applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements.

6.

[The] applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

7.

A communications tower must not be painted or illuminated unless [such painting is] provided by state or federal regulations.

8.

A permit for a proposed tower site within 1,000 feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet [the] applicant's structural specifications and [the] applicant's technical design requirements or that a collocation agreement could not be obtained.

9.

[The] applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the administrative official designated by the City of Rayne, a written indemnification of the municipality [city] and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality [city], in [a] form approved by the municipal attorney.

10.

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage and all other general zoning district regulations, except setback and height, shall apply to the use. Setback and height conditions in this section apply.

11.

In residential areas, a tower must be a minimum distance equal to one-half the height of the tower from property designated historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements or 25 percent of the tower height, whichever is greater.

(Ord. No. 932, 4-14-97; Ord. No. 935, 7-14-97)