(a) Applicants are encouraged to appear before the Planning Commission for a pre-review of proposed wireless communication antenna and tower sites, which pre-review may be conducted by the Planning Commission upon the applicant's submittal of a site plan with the general location, type of structure and height being reviewed, together with surrounding uses.
(b) A wireless communication antenna and/or tower shall not be constructed or erected except upon a permit issued by the Building Commissioner after approval by the Planning Commission, after a public hearing, with advance notice of the hearing, published in a newspaper of general circulation in the City and by certified mail to all owners of property abutting the parcel on which the antenna and/or tower are to be located. The foregoing requirement of public notice, a hearing, and approval by the Planning Commission may be waived by the Building Commissioner for the construction of a new antenna and/or replacement of existing antenna on an existing structure, provided that the construction of a new tower and associated facilities is not required by the application. Any decision to deny a request to place, construct, or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning Commission.
(c) With the permit application to the Planning Commission, the applicant shall file a complete set of plans and specifications, a site plan showing the location of the tower and associated buildings, uses and structures on the same and adjacent parcels, and any other information deemed necessary by the Planning Commission for a review of the application. The applicant is also encouraged to provide photographs showing structures and uses on adjacent parcels. The application shall also include the applicant's proposed total number of towers, if more than one, and the additional tower locations in the City. The applicant shall also place on deposit the applicable fees required by Section 1355.11 and shall also place on deposit the amount necessary for the City to obtain a certification from a registered engineer, pursuant to Section 1355.08, that the proposal is in compliance with all Federal, State and local regulations. As part of the permit application, the applicant shall provide the City with a list of competitors, together with their addresses, so that the City may notify the competitors of the application in an effort to encourage co-location.
(d) Approval by the Planning Commission of the granting of a permit shall become effective only following review and a public hearing by City Council. The requirement of a public hearing before City Council may be waived by Council if the application is for co-location or if the application is for location on City-owned property. Written notice of the granting of such permit shall be filed forthwith by the Secretary of the Planning Commission with the Clerk of Council. If, within the thirty-day period next succeeding such filing, Council, by a majority vote, disapproves the Commission's action in granting the permit, the permit shall be void and shall not be issued; otherwise, it, together with any conditions imposed by Council, shall be in full force and effect on the day next succeeding the thirty-day period. However, should Council approve the action of the Planning Commission within the thirty-day period, the permit shall be in full force and effect from the date of the approval. Any decision to deny a permit to place, construct or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Council.
(Ord. 8329-1997. Passed 4-1-97; Ord. 9647-2010. Passed 5-5-10; Ord. 9925-2014. Passed 7-1-14.)