(a) Applicants for Cable Television Franchises shall be granted a Cable Television Franchise pursuant to Chapter 955 of the Codified Ordinances; provided, however, that a Cable Franchise shall only entitle the Franchisee to utilize the Rights of Way, in accordance with Chapter 955, for purposes directly related to the provision of the Cable Television Service. Any other Right of Way use by such Franchisee shall require a separate Permit.
(b) Applicants for Telecommunication and Utility Permits, or renewals thereof, shall file an application therefor, in such form as the Director may require, along with an application fee. The Director shall determine if the application is in order in accordance with the criteria set forth in Section 949.05 and shall make a final determination within thirty (30) days after the date the permit is applied for as to whether or not such Permit should be granted and, if so, upon what
terms and conditions.
(c) Applicants for Special Permits, or renewals thereof, shall file an application therefor, in such form as the Director requires along with an application fee. The Director shall determine if the application is in order and if so, and if the Director also finds, in accordance with the criteria set forth in Section 949.05, that the application should be granted, the Director shall grant or renew such a Permit within thirty (30) days after the date the permit is applied for. The terms of such Permits shall be determined by the Director but shall in no event exceed ten years.
(d) Applicants for Residential Permits shall file an application therefore, in such form as the Regulations require, along with an application fee. The Director, or the Director's designate, shall determine if the application is in order and, if so, shall grant the application within thirty (30) days after the date the permit is applied for, so long as the Director also finds, in accordance with the criteria set forth in Section 949.05(c), that the application should be granted. Residential Permits shall be valid until canceled by the Director upon sixty (60) days written notice to the Permittee; provided, however, that upon a finding by the Director that an emergency exists the Director may cancel any such Permit upon such lesser notice as is necessary under the circumstances.
(Ord. 2001-23. Passed 2-8-01.)
(e) Applicants for Micro Wireless Facility Permits or Small Cell Facility Permits, or renewals thereof, shall file an application therefor, in such form as the Director may require, along with an application fee. The Director shall determine if the application is in order in accordance with established administrative policy and shall make a final determination within ninety (90) days after the date the permit is applied for as to whether or not such Permit should be granted and, if so, upon what terms and conditions. The City Manager is authorized to promulgate regulations as allowed per Ohio Revised Code 4939.0314 including, but not limited to: design, height spacing, location, and co-location.
(1) The City Manager shall promulgate detailed Design Guidelines with objective, technically feasible criteria applied in a non-discriminatory manner that reasonably match the aesthetics and character of the immediate area.
(2) The City Manager shall have authority to update or supplement the Design Guidelines to address relevant changes in law, technology, or administrative processes.
(Ord. 2018-7. Passed 7-12-18.)
(Ord. 2018-7. Passed 7-12-18.)
(f) Any Applicant may appeal the failure of the Director to grant a Permit or to recommend it to be granted upon terms and conditions acceptable to the Applicant. In order to perfect such an appeal, the Applicant shall file, within ten (10) days of the Director's determination or recommendation or ninety (90) days of the filing of the application if the Director has taken no action, an appeal to Council. Council shall then review the matter and render a final determination after affording the Applicant an opportunity to be heard either in person or writing. Except to the extent otherwise appealable by law, City Council's decision shall be final.
(Ord. 2001-23. Passed 2-8-01.)