Page 105 - Ordinance Chapter 17

treated to match the exterior of the structure. Such installation shall not require a conditional use
permit but shall require site plan approval under Section 17.71(2)(a).

17.82 CO-LOCATION.

(1) A conditional use permit shall not be required for co-location on an existing tower
permitted under this chapter, provided the co-located antenna array or equipment does
not significantly alter the structural integrity of the tower, and is fully in compliance with
all conditions contained in the original conditional use permit. The holder of a permit for
any tower on which co-location occurs shall within thirty (30) days of such co-location
provide to the Zoning Administrator written notification of the identity of the co-locator
and the nature of the equipment installed. Within thirty (30) days of the date on which
any co-located use ceases, the permit holder shall provide the Zoning Administrator with
written notice of the cessation of such use.

(2) The holder of a permit for a tower shall allow co-location for at least two (2) additional
users and shall make access to the tower for the additional users economically feasible. If
additional user(s) demonstrate that the holder of a tower permit has made access to such
towers economically unfeasible, then the permit shall become null and void.

17.83 CONTINUED COMPLIANCE.

Upon written inquiry by the Plan Commission, the permit holder under this section shall have the
burden of presenting credible evidence establishing to a reasonable degree of certainty the
continued compliance with all conditions placed upon the conditional use permit. Failure to
establish compliance with all conditions placed upon the conditional use permit shall be grounds
for the revocation of the permit. All reasonable costs and expenses associated with such
consultation shall be borne by the holder of the permit. Failure to pay such costs and expenses or
provide information requested by the Plan Commission shall be grounds for revocation of the
permit. The holder of the permit may provide to the Plan Commission the names of consultants
which the permit holder believes are qualified to assist in resolving the issues before the Plan
Commission.

17.84 INDEMNIFICATION.

The Village does not warrant any tower against design or structural failure. The Village does not
certify that the design is adequate for any tower and the Village hereby accepts no liability
through the issuance of a conditional use permit or zoning permit. By acceptance of a conditional
use permit, or by issuance of a zoning permit, under this article, the applicant agrees to
indemnify the Village against each and every claim, demand, or cause of action that may arise or
be made against the Village by reason or in any way arising out of any defect or imperfection in
the tower and/or antenna, or any failure to repair the same, and also against every claim, demand,

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