(a) Contents of Application. An application for a new Wireless Support Structure permit shall include the following:
(1) A statement that the applicant is a Person that either provides Wireless Communications Service or owns or otherwise makes available infrastructure required for that Service.
(2) The name, business address, and point of contact for the applicant.
(3) The location of the proposed or affected Wireless Support Structure or Wireless Facility.
(4) A Construction Plan, as defined herein, that describes the proposed Wireless Support Structure, the height of the proposed structure, and all equipment and network components, including Antennas, transmitters, receivers, Base Stations, power supplies, cabling, and related equipment sufficient to determine compliance with the standards set forth herein. The Construction Plan must also include evidence of conformance with all applicable building permit requirements.
(5) Evidence supporting the choice of location, including, without limitation:
a) A sworn statement from the individual responsible for the choice of location demonstrating that Collocation of Wireless Facilities on an existing Wireless Support Structure was not a viable option because collocation:
1. Would not result in the same wireless service functionality, coverage and capacity;
2. Is technically infeasible; or
3. Is an economic burden to the applicant.
(b) Application. An applicant may submit one (1) application requesting no more than five (5) wireless service facilities permits. The Permit Authority may issue a single permit for all Wireless Support Structures included in the application rather than individual permits for each Wireless Support Structure.
(c) Variances. If the proposed Wireless Support Structure is not a permitted use under an applicable zoning ordinance, the applicant shall additionally submit evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance.
(d) Procedure/Review of Permit. The Permit Authority, shall promptly review for completeness every application duly filed with the City which requests authorization to place or construct Wireless Support Structures within the City's ROW. Every applicant shall be notified within ten (10) business days of the City's receipt of an application as to whether its application is complete.
Within ninety (90) days of receipt of the completed application, or not more than one hundred twenty (120) days in any case in which the approval of a variance of use is necessary, the Permit Authority shall review the application to determine if the application complies with the standards set forth by this Ordinance and the Permit Authority. If the Permit Authority determines that an application is not complete, the Permit Authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within thirty (30) days of receiving the notice.
If an applicant has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed above shall be extended for a corresponding amount of time.
(e) Written Determinations. A written determination shall state clearly the basis for the decision to approve or deny an application. If the Permit Authority denies an application, the written notice must include the basis for such denial. A notice is considered written if it is included in the minutes of a public meeting of the Permit Authority.
If the Permit Authority approves an application, the permit is valid for ninety (90) days. If the applicant fails to complete the work within ninety (90) days, the permit is void and must be resubmitted.
(f) Failure to Notify. If the Permit Authority fails to notify an applicant in writing within ten (10) business days whether its application is complete, the application is considered complete. If the Permit Authority to notify an applicant within ninety (90) (or one hundred twenty (120) days for zoning approval) whether its application has been approved or denied, the application shall be considered approved. If an applicant requested additional time to amend its application, then the 90 day (or 120 day) review period specified above shall be extended for a corresponding amount of time.
(g) Deadlines for Final Actions. For purposes of making a written determination either approving or denying an application, a reasonable period of time is not more than ninety (90) days from the date that the applicant is notified that the application is complete, or not more than one hundred twenty (120) days in any case in which the approval of a variance of use is necessary. If a Use Variance is deemed necessary by the Permit Authority, the BZA shall conduct a public hearing on the request and shall make a decision on the request at the meeting at which it is first presented. Decisions made by the BZA after a public hearing conducted in accordance with this Section are considered zoning decisions for purposes of I.C. 36-7-4 and are subject to judicial review under the I.C. 36-7-4-1600 series.
(Ord. D-2355-17, 3-20-17; Ord. D-2402-17, § 4, 12-4-17)