i. The right-of-way charge shall not exceed the direct and actual cost of managing the right-of- way and shall not be based on the owner’s revenue or customer counts;
ii. The right-of-way charge shall not exceed that imposed on the other users of the right-of-way, including investor, Town or cooperatively owned entities; and
iii. The right-of-way charge shall not be unreasonable, discriminatory or violate any applicable law .
(3)
Telecommunication Facilities & Services .
A. Telecommunication Facilities . Uses shall be permitted and placed in accordance with factors which include the type and height of the facility, size of the property on which the facility is located, the zoning district in which the facility is located, whether the facility is accessory or primary. i. A Special Use Permit is required for operation in the Residential Agricultural (RA), Residential Low Density (RLD), Residential Medium Density (RMD), Residential High Density (RHD), Planned Unit Development (PUD), Downtown Center-1 (DC-1), or Downtown Center-2 (DC-2) Zoning Districts. A Special Use Permit may be required for use in the Office & Institutional (O&I) Zoning District as indicated below. B. Pre-Existing . Existing telecommunication facilities that are changed or reconstructed due to damage from natural causes or relocated shall comply with the Land Development Ordinance at the time of such damage or relocation. Federal and State property and railroad property are exempt from these regulations. C. Telecommunication Facility Types . Telecommunication shall be classified as a specific type of facility based on the telecommunication facility’s impact and the following standards: i. Enclosed or Sealed Telecommunication Facilities . Permitted use by right in the Office & Institutional (O&I) Zoning District, Neighborhood Commercial (NC) Zoning District, Corridor Commercial (CC) Zoning District, General Commercial (GC) Zoning District, Research Light Industrial (RLI) Zoning District, and Heavy Industrial (HI) Zoning District. Special use permits required for all residential districts, Downtown Center 1 & 2 Zoning Districts, and a Planned Unit Development (PUD) Zoning District.
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