The Town of Apple Valley encourages the Telecommunication Industry to work cooperatively with one another in the placement of telecommunication facilities. The development standards and criteria for siting Telecommunication facilities as defined within this Chapter 9.77 "Wireless Telecommunications Towers and Antennas" for setback and separation distances may be reduced as noted below for multiple users (collocation) on or within a single structure. For the second user locating on or within a single facility, the development standards and criteria may be reduced by thirty percent (30%). For the third or more user(s) locating on or within a single facility, the development standards and criteria may be reduced by sixty percent (60%). Provided that the collocation facility is consistent with the conditions of the original wireless telecommunication facility where it will be located, and the above criteria, the collocation facility can be approved administratively, without a Conditional Use Permit. Conditions can be placed on the approval of the collocation facility, which pertain to height, location, bulk, size of the collocation facility; percentage of the original wireless telecommunication facility that may be occupied by collocation facilities; and, the aesthetic or design requirements for the collocation facility.

Any proposed collocation beyond those allowed under a Section 6409(a) modification shall be processed pursuant to this Chapter. Section 6409(a) modifications can be approved administratively by the Director. Applicants may appeal any decision related to a Section 6409(a) modification in the same manner as a Special Use Permit. Notwithstanding anything to the contrary in this code, any approval or [of] a Section 6409(a) modification does not and shall not be construed to grant any rights beyond those granted by § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. 1455) as implemented by 47 C.F.R. 1.40001. In the event § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. 1455) or 47 C.F.R. 1.40001 are stayed, amended, revised or otherwise not in effect, no modifications to an existing wireless tower or base station shall be approved as a 6409(a) modification.

(Ord. No. 471, § 7, 7-28-2015)