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• Regardless of the appropriate standard, the courts generally agree that municipalities may <br />require that a service gap be filled by the "least intrusive means," including: <br />• <br />• <br />1. Use of less sensitive sites; <br />2. Use of shorter towers; <br />3. Use of existing structures or buildings <br />4. Use of camouflaged or "stealth" towers. <br />CONCLUSION <br />The City should consider issuing another lease of its property unless there are reasons <br />that the site is inappropriate for an additional provider. <br />If the applicant seeks to place facilities at another site, the standards for review (and <br />possible denial) of the zoning application remain somewhat uncertain. However, it is <br />important that the City compile an adequate record concerning its decision. Any denial <br />would need to be in writing and supported by substantial evidence. Such evidence should <br />include testimony or a report by an expert regarding the reason for denial. Municipalties <br />frequently retain RF engineers, real estate professional and other experts for these <br />purposes. <br />RJV-249325v1 4 <br />NE 1365 <br />