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(1) New towers are not permitted within the City unless the Hearing Examiner finds that the applicant has demonstrated by a preponderance of the evidence that:

(a) Failure to permit a new tower will prohibit or have the effect of prohibiting the provision of personal wireless services;

(b) The proposed new wireless communication facility is designed and located with consideration of the goals, policies, objectives, standards and regulations set forth in this chapter, this title, and the comprehensive plan; and

(c) That the application complies with CMC 18.70.140.

(2) The Hearing Examiner is the reviewing body on the application to construct a new tower and shall determine whether or not each of the above requirements is met. Examples of evidence the applicant shall provide demonstrating the foregoing requirements include, but are not limited to, the following:

(a) That the tower height is the minimum necessary in order to achieve the technical service objective;

(b) That no existing and available towers or structures or alternative sites are located within the geographic area available to meet the applicant’s engineering requirements or technical service objective (regardless of the geographical boundaries of the City);

(c) That the existing and available towers or structures are not of a sufficient height or could not feasibly be extended to a sufficient height to meet the applicant’s engineering requirements to meet its service objective;

(d) That the existing and available structures or towers do not have sufficient structural strength to support the applicant’s proposed antenna and ancillary facilities;

(e) That the applicant’s proposed antenna would cause electromagnetic interference with the antenna on existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna; and

(f) The applicant demonstrates other limiting factors that render existing towers and structures or other sites unsuitable.

(3) The Hearing Examiner, after holding a public hearing, shall approve, approve with conditions, or deny the application, or remand the application back to staff for further investigation in a manner consistent with the Hearing Examiner’s order. (Ord. 03-19 § 3 (Exh. B); Ord. 09-12 § 1 (Exh. A))