A. Application Submission: All requests for a tower use permit regardless of wireless communication facility type shall submit an application in accordance with the requirements of this section.
1. Application Contents: Each applicant requesting a TUP under this chapter shall resubmit a sealed complete set of drawings prepared by a licensed architect and engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing and, if relevant as determined by staff, topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.
2. Submission Requirements: Application for a TUP shall be submitted to the city of Colona on forms prescribed by the city of Colona. The application shall be accompanied by a site plan containing the information described above and a copy of appropriate FCC license. If planning commission review is required, the application and site plan shall be placed on the next available commission agenda in accordance with the agenda deadlines established by the commission.
3. Application Fees: A plan review fee of five hundred dollars ($500.00) and a radio frequency intermodulation study review fee of five hundred dollars ($500.00) (collocation applicants only) shall accompany each application. These fees may be used by the city to engage an engineer(s) or other qualified consultant(s) to review the technical aspects of the application and radio frequency intermodulation study (if required).
4. Technical Assistance: In the course of its consideration of an application, the city of Colona, the zoning enforcement officer, the planning commission or city council may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless communication facilities to assist the city in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the city not to exceed one thousand five hundred dollars ($1,500.00) for the technical review and recommendation shall be reimbursed by the applicant prior to the final hearing on the TUP.
B. Administrative Review: The following administrative review process shall apply to all wireless communications facility applications eligible for administrative review:
1. Review Authority: Review of wireless communication facilities under this section shall be conducted by the zoning enforcement officer or his designee upon filing a wireless communication facility application.
2. Review Criteria: Each application shall be reviewed for compliance with the development criteria specified in section 9-7-5 of this chapter.
3. Timing Of Decision: The zoning enforcement officer shall render a decision within thirty (30) days.
4. Deferral: The zoning enforcement officer may defer administrative approval of wireless communication facilities for any reason. Deferral of administrative approval shall require submission to the planning commission.
5. Application Denial: If administrative approval is not obtained or is denied due to noncompliance with the development criteria, the applicant may appeal the denial by applying for planning commission review.
6. Application Approval: If the TUP application is in compliance with the development criteria and otherwise meets the requirements of this section, the zoning enforcement officer shall issue a tower use permit.
C. Planning Commission Review: The following shall apply to all tower use permit applications requiring submission to the planning board:
1. Review Authority: The planning commission shall be review authority for TUP applications requiring submission to the planning commission.
2. Notice: Notice of the application and the public hearing by the planning commission shall be accomplished in the same manner as a special use permit under the zoning ordinance.
3. Hearing: The planning commission shall review and consider the TUP application at a public hearing. At the hearing, interested persons may appear and offer information in support or opposition to the proposed application. The planning commission shall consider the following in reaching a decision:
a. Development Criteria: The tower use permit application shall be reviewed for compliance with the development criteria set forth in section 9-7-5 of this chapter; provided that the applicable development criteria may be amended or waived so long as the approval of the wireless communication facility meets the goals and purposes of this chapter. The planning commission recommends an alternative development criteria by specific inclusion in a motion for approval.
b. Tower Siting Conditions: The planning commission may impose conditions and restrictions on the application or on the premises benefited by the TUP as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless communication facility with surrounding property, in accordance with the purposes and intent of this chapter. The violation of any condition shall be grounds for revocation of the TUP. The planning commission may recommend such conditions in addition to the development criteria upon the following findings:
(1) The wireless communication facility would result in significant adverse visual impact on nearby residences.
(2) The conditions are based upon the purpose and goals of this chapter.
(3) The conditions are reasonable and capable of being accomplished.
c. Action: Following the public hearing and presentation of evidence, the planning commission shall take one of the following actions:
(1) Recommend the application as submitted;
(2) Recommend the application with conditions or modifications;
(3) Defer the application for additional information or neighbor input; or
(4) Deny the application in writing.
4. Findings: All decisions rendered by the planning commission concerning a tower use permit shall be supported by written findings of fact and conclusions of law based upon substantial evidence of record.
5. Timing Of Decision: The planning commission shall render its decision within sixty (60) days or less of the final submission of all required application documents and technical review; however, this time may be increased due to deferrals by either the applicant or planning commission.
6. Appeals: The decision of the planning commission may be appealed to the city council under the following circumstances:
a. An appeal shall be filed no later than thirty (30) days after the final action by the zoning enforcement officer or the planning commission. Only the applicant and those who registered an objection to the TUP in the record of the planning commission shall have standing to appeal.
b. Only such evidence or testimony in support of or opposition to the issuance of the TUP which was provided to the planning commission may be presented to the city council unless the city council, by majority vote, decides to hear new information.
c. Notice of appeal shall be accomplished by the appellant in the same manner as a special use permit under the zoning code. (Ord. 15-01, 9-10-2001)