(a) Submission of Application. An application to construct or alter a telecommunications facility subject to the regulations of this chapter shall be submitted to the Division of Building and Housing as part of a Building Permit application.
(b) Determination of Compliance. The Division of Building and Housing shall determine if the application conforms to requirements of this chapter and other applicable regulations of the City of Cleveland, except for those provisions that require a determination by the City Planning Commission.
(c) Referral to Public Utilities. The Division of Building and Housing shall refer all applications governed by this chapter to the Office of Radio Communications of the Department of Public Utilities for review and approval. The Office of Radio Communications shall review the application with respect to any issues relating to the technical expertise of that office. No Building Permit shall be issued without the approval of the Office of Radio Communications.
(d) Referral to City Planning Commission. For proposals subject to approval by the City Planning Commission as conditionally permitted uses, under Section 354.04, the Division of Building and Housing shall refer the application to the City Planning Commission for review and approval.
(e) City Planning Commission Action. The City Planning Commission shall review any application subject to conditional approval and shall determine whether the proposal meets all applicable standards established in this chapter to ensure proper design and compatibility with surrounding uses. The Commission shall take action on the application at a public meeting, subsequent to providing public notice, as provided in division (f) of this section. The Commission may require modifications to the proposal as a condition of approval. The Commission may disapprove an application if it determines that the proposed location does not meet the standards set forth in this chapter and that a suitable alternative location is available. No Building Permit shall be issued without the approval of the City Planning Commission for an application subject to conditional approval.
(f) Notice Requirements.
(1) Upon receipt of an application, the Commissioner of Building and Housing shall notify any Councilmember who represents the ward in which the proposed tower is to be located, the Department of Port Control, the Department of Public Safety and the Office of Radio Communications of the Department of Public Utilities.
(2) Prior to taking action on a ground- mounted telecommunications tower application subject to conditional approval, the City Planning Commission shall mail notices describing the proposal to all property owners located within a distance of the proposed tower equal to three (3) times the height of the tower. Such notice shall be sent by first-class mail or an equivalent method at least ten (10) calendars days prior to the date of the public meeting. The Commission shall also provide notice in the same time frame to any Councilmember who represents an area in which notices are to be mailed to property owners.
(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)