(a) Applicants for cable television franchises shall be granted a cable television franchise pursuant to the Municipality’s franchise agreement; provided, however, that a cable franchise shall only entitle the franchise to utilize the rights of way, in accordance with the Municipality’s policies and regulations, 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 therefore in such form as the Planning and Zoning Administrator may require along with an application fee of two thousand dollars ($2,000). The Planning and Zoning Administrator shall determine if the applications are in order and, if so, forward the application to Council to determine whether or not, in accordance with Section 1197.04, the applicant should be granted a permit hereunder. Council shall make a final determination 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 therefore, in such form as the Planning and Zoning Administrator requires along with an application fee of five hundred dollars ($500.00). The Planning and Zoning Administrator shall determine if the application is in order and is in accordance with the criteria set forth in Section 1197.04 and grant or renew such permit. The terms of such permits shall be determined by the Planning and Zoning Administrator but shall in no event exceed ten (10) years.
(d) Any applicant may appeal the failure of the Planning and Zoning Administrator to grant a permit or to recommend it to be granted upon terms and conditions acceptable to the applicant. In order to perfect such appeal, the applicant shall file, within ten (10) days of the Planning and Zoning Administrator’s determination or recommendation or ninety days of the filing of the application if the Planning and Zoning Administrator 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 in writing. Except to the extent otherwise appealable by law, Council’s decision shall be final.
(Ord. 41-01. Passed 8-20-01.)